CrPC Section 479
📖 CrPC Section 479 – Power of High Court to transfer cases
Section 479 of the Code of Criminal Procedure (CrPC) gives the High Court the authority to transfer criminal cases from one court to another within the same state or Union Territory.
⚖️ Key Points:
Purpose –
To ensure fair trial and proper administration of justice.
Helps avoid bias, undue influence, or inconvenience that may affect a case.
Who can transfer a case –
High Court of the respective state or Union Territory.
Transfers can be suo motu (on its own) or on application from a party.
Types of cases that can be transferred –
Criminal cases pending in a lower court.
Cases may be transferred from one criminal court to another within the High Court’s jurisdiction.
Reason for transfer –
To ensure fair trial if a judge is biased or connected to a party.
To avoid inconvenience to witnesses or parties.
For administrative convenience of the court system.
📌 Simplified Explanation:
If a criminal case is not being handled properly in a lower court, or there is a risk of unfair trial, the High Court can transfer it to another court.
This section protects justice and fairness in criminal trials.
✅ Example:
A criminal case is being heard in Court A, but there are allegations that the judge is biased.
The High Court can transfer the case to Court B in the same city or district under Section 479.
The trial then continues fairly in Court B.
⚠️ Important Notes:
High Court’s power is discretionary, but it must be exercised reasonably and in the interest of justice.
Applies only to criminal cases.
Ensures impartiality and smooth administration of justice.
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