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Supreme Court | Criminal Transfer Jurisdiction

Criminal Transfer Petition Format under Section 446 BNSS / Section 406 CrPC

Updated specimen format for seeking transfer of a criminal case or appeal by the Supreme Court of India. For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding provision is Section 446. Section 406 CrPC may continue to apply to proceedings protected by the statutory savings clause.

Applicable law after 1 July 2024

Important: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. Section 446 empowers the Supreme Court to transfer a particular criminal case or appeal from one High Court to another, or from a criminal court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court. Section 531 contains repeal-and-savings provisions for pending proceedings.

Where the proposed transfer concerns a case before a Special Court under the National Investigation Agency Act, 2008, Section 13 of that Act should also be examined. It contains a specific provision dealing with jurisdiction and transfer of cases pending before NIA Special Courts.

This page provides a specimen drafting structure only. The correct statutory provision, parties, territorial facts, court designation, pleadings, annexures and procedural requirements must be adapted to the particular case and the law applicable on the filing date.

Specimen Criminal Transfer Petition

Synopsis

The present petition is filed seeking transfer of the proceedings arising out of FIR No. __________, presently pending before the Court of __________ at __________, to the competent court at __________.

The petitioner submits that the alleged offences, the material events and the principal witnesses are connected with __________. The petitioner therefore seeks transfer in the interests of justice and for trial before the court having the appropriate jurisdiction, subject to the governing special statute, if any.

Where the case is an NIA Special Court matter, the petition should specifically address Sections 13(1) to 13(3) of the National Investigation Agency Act, 2008 and explain why transfer is permissible and warranted under that provision.

List of Dates

__.__.20__ - FIR No. __________ was registered at Police Station __________.

__.__.20__ - The petitioner was arrested / appeared before the competent court.

__.__.20__ - Charge-sheet / supplementary charge-sheet No. __________ was filed.

__.__.20__ - Proceedings came to be pending before the Court of __________.

__.__.20__ - Hence the present Transfer Petition.

In the Supreme Court of India
Criminal Transfer Jurisdiction

Transfer Petition (Criminal) No. ______ of 20__

IN THE MATTER OF:

[NAME OF PETITIONER]
S/o / D/o / W/o: __________
Address: __________
...Petitioner

VERSUS

1. [STATE / UNION OF INDIA / COMPLAINANT, AS APPLICABLE]
Through: __________
Address: __________

2. [OTHER NECESSARY RESPONDENT]
Address: __________
...Respondents

Petition under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 406 of the Code of Criminal Procedure, 1973, as applicable, and/or the relevant special statute, seeking transfer of criminal proceedings.

To,
The Hon'ble Chief Justice of India
and His/Her Companion Judges of
the Supreme Court of India.

The humble petition of the petitioner above named:

Most Respectfully Showeth:

  1. That the present petition seeks transfer of the proceedings arising from FIR No. __________, pending before __________, to the competent court at __________.
  2. That the alleged occurrence took place at __________ and the material witnesses and records are principally situated at __________.
  3. That the petitioner was arrested on __________ in connection with FIR No. __________ registered under Sections __________. A copy of the FIR is annexed as ANNEXURE P-1.
  4. That a charge-sheet / supplementary charge-sheet dated __________ was filed before __________. A copy is annexed as ANNEXURE P-2.
  5. That the petitioner submits that continuation of the proceedings before the present court causes serious jurisdictional and practical prejudice for the reasons set out below.
  6. That all other relevant orders, including any order affecting custody, jurisdiction, committal or designation of the trial court, are annexed and relied upon.

Grounds

  1. Because the transfer is expedient for the ends of justice and the transferee court is a court of competent jurisdiction under the law applicable to the case.
  2. Because the material events forming the subject matter of the prosecution occurred at __________, and the jurisdictional facts pleaded in the charge-sheet support transfer to the competent court at __________.
  3. Because the principal witnesses and relevant records are situated at __________, and transfer would facilitate a fair, effective and convenient trial.
  4. Because continuation before the present court would cause substantial prejudice / hardship for the specific reasons stated in the petition, whereas transfer would not unfairly prejudice the respondents.
  5. Because, where the matter is governed by the NIA Act, the requirements of Section 13 of the National Investigation Agency Act, 2008 are satisfied for the reasons specifically pleaded.

Prayer

In the premises stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) transfer the proceedings arising out of FIR No. __________, presently pending before __________, to the competent court at __________; and

(b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

Advocate for the Petitioner

Drawn by: __________
Drawn on: __________
Filed on: __________
New Delhi