CrPC 406→BNSS 446

CrPC 406 to BNSS 446: Power of Supreme Court to transfer cases and appeals

Section 406 CrPC (1973) replaced by Section 446 BNSS (2023)

View CrPC Section 406 →View BNSS Section 446 →

CrPC 406 to BNSS 446 at a Glance

Section 406 CrPC (Power of Supreme Court to transfer cases and appeals) is now Section 446 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 406 to BNSS 446?

Section 406 of the Code of Criminal Procedure, 1973 is renumbered as Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, which is a change of form. The wording and legal rules in Section 406(1) CrPC and Section 406(2) CrPC are unchanged in Section 446(1) BNSS and Section 446(2) BNSS. The only substantive change is in Section 446(3) BNSS, which deletes the words not exceeding one thousand rupees that appeared in Section 406(3) CrPC, removing the statutory ceiling on compensation when the Supreme Court dismisses a frivolous or vexatious transfer application.

CrPC 406 vs BNSS 446: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section406446
HeadingPower of Supreme Court to transfer cases and appealsSame
Sub-sections3 sub-sectionsSame

CrPC 406 and BNSS 446: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 406, CrPC 1973

406. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.
BNSS 2023 (in force)

Section 446, BNSS 2023

446. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.

When It Applies: CrPC 406 vs BNSS 446

Under CrPC 406
  1. Whenever it is made to appear to the Supreme Court that an order under Section 406(1) of the Code of Criminal Procedure, 1973 is expedient for the ends of justice, the Supreme Court may direct that a particular case or appeal be moved from one High Court to another High Court.
  2. The Supreme Court may also direct under Section 406(1) CrPC that a particular case or appeal be moved from a Criminal Court under one High Court to a Criminal Court of equal or superior jurisdiction under another High Court.
  3. The Supreme Court may exercise its transfer power under Section 406(2) CrPC only when the Attorney-General of India or a party interested makes an application.
  4. Every transfer request under Section 406(2) CrPC shall be presented by motion and shall have an affidavit or affirmation in support, with an exception relieving the Attorney-General of India and the Advocate-General of the State from the affidavit or affirmation requirement.
  5. When a transfer application is dismissed under Section 406(3) CrPC and the Supreme Court is of opinion that it was frivolous or vexatious, the Court may order the applicant to pay appropriate compensation not exceeding one thousand rupees to any person who opposed it.
Under BNSS 446
  1. Whenever it is made to appear to the Supreme Court that an order under Section 446(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is expedient for the ends of justice, the Supreme Court may direct that a particular case or appeal be moved from one High Court to another High Court.
  2. The Supreme Court may also direct under Section 446(1) BNSS that a particular case or appeal be moved from a Criminal Court under one High Court to a Criminal Court of equal or superior jurisdiction under another High Court.
  3. The Supreme Court may exercise its transfer power under Section 446(2) BNSS only when the Attorney-General of India or a party interested makes an application.
  4. Every transfer request under Section 446(2) BNSS shall be presented by motion and shall have an affidavit or affirmation in support, with an exception relieving the Attorney-General of India and the Advocate-General of the State from the affidavit or affirmation requirement.
  5. When a transfer application is dismissed under Section 446(3) BNSS and the Supreme Court is of opinion that it was frivolous or vexatious, the Court may order the applicant to pay any person who opposed the application such compensation sum as it considers appropriate in the circumstances of the case.

What CrPC 406 to BNSS 446 Means in Practice

The grounds on which the Supreme Court may transfer a case or appeal, who may apply, and the requirement to apply by motion supported by affidavit or affirmation remain unchanged between Section 406 of the Code of Criminal Procedure, 1973 and Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023. When dismissing a frivolous or vexatious application under Section 446(3) BNSS, the Supreme Court is no longer bound by the ceiling of one thousand rupees and may award such compensation sum as it considers appropriate.

FAQs: CrPC 406 to BNSS 446

Which section of the BNSS corresponds to Section 406 CrPC from 1 July 2024?▼

From 1 July 2024, Section 406 of the Code of Criminal Procedure, 1973 is replaced by Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the official mapping, Section 406(1) CrPC corresponds to Section 446(1) BNSS, Section 406(2) CrPC corresponds to Section 446(2) BNSS, and Section 406(3) CrPC corresponds to Section 446(3) BNSS. The renumbering of the provision from Section 406 CrPC to Section 446 BNSS is a change of form.

Did the BNSS change when the Supreme Court may transfer a case or appeal or who may apply?▼

No, the rules in Section 406(1) and Section 406(2) of the Code of Criminal Procedure, 1973 are unchanged in Section 446(1) and Section 446(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Supreme Court may still transfer a particular case or appeal between High Courts or eligible subordinate Criminal Courts when expedient for the ends of justice, and may act only on a motion by the Attorney-General of India or a party interested.

How did the rule on compensation for frivolous or vexatious transfer applications change in Section 446(3) BNSS?▼

Section 406(3) of the Code of Criminal Procedure, 1973 capped the compensation payable to a person who opposed a dismissed frivolous or vexatious transfer application at a sum not exceeding one thousand rupees. Section 446(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 removes the words not exceeding one thousand rupees, allowing the Supreme Court to order the applicant to pay such sum as it may consider appropriate in the circumstances of the case.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·