CrPC Section 241
Section 241 CrPC: Power of Court to withdraw a case from one Court and send it to another
🔹 Bare Act Text of Section 241 CrPC:
241. Power of Court to withdraw a case from one Court and send it to another.
(1) Whenever the Court before which a case is pending is of the opinion—
(a) that the case ought to be tried by some other Court; or
(b) that, for the convenience of the parties or witnesses, or for the ends of justice, it is desirable so to do,
it may withdraw the case and send it for trial to the Court which it considers competent to try the case.(2) The Court to which a case is sent under this section shall proceed to hear and determine the case in accordance with the provisions of this Code.
🔍 Detailed Explanation:
1. Purpose:
Section 241 gives the court the power to transfer a criminal case from one court to another if the court thinks that the case should be tried elsewhere for any valid reason.
2. When can this power be exercised?
The court can withdraw and transfer a case if it believes that:
(a) The case ought to be tried by some other court:
For example, the case might be outside the jurisdiction of the current court, or some other court is more appropriate based on the type of offense or the status of the accused.
(b) For the convenience of parties or witnesses, or for the ends of justice:
If transferring the case will make it easier for the parties or witnesses to attend, or if it will promote justice in some way, the court may transfer the case.
3. What is the effect of such a transfer?
Once the case is withdrawn and transferred, the receiving court takes over the case and tries it according to the law.
The trial will continue in the new court as if it had been originally instituted there.
4. Why is Section 241 important?
It ensures flexibility in the criminal justice system.
Helps avoid inconvenience to parties or witnesses (e.g., witnesses living far away).
Prevents improper or biased trial by transferring to a more appropriate or neutral forum.
Facilitates fair trial and judicial efficiency.
5. Limits and Conditions
The power under Section 241 is discretionary, meaning the court decides whether to transfer or not.
The court must have a valid reason — mere convenience is not always enough; it should be for justice or competence reasons.
Transfer is usually before the conclusion of the trial but can be exercised at any stage if necessary.
🔄 Relation with Other Sections
Section 145: Transfer of cases by the State Government or High Court.
Section 407: Transfer of cases in special circumstances.
Section 241 is a court’s inherent power during the pendency of the trial.
📝 Summary
| Aspect | Explanation |
|---|---|
| Purpose | Transfer case to another competent court |
| Grounds for transfer | Jurisdiction, convenience, ends of justice |
| Effect | New court tries the case as if originally instituted there |
| Discretionary power | Yes, exercised by the court |
| Ensures | Fair trial, convenience, proper jurisdiction |
RELATED Blog
0 comments