CrPC 408→BNSS 448

CrPC 408 to BNSS 448: Power of Sessions Judge to transfer cases and appeals

Section 408 CrPC (1973) replaced by Section 448 BNSS (2023)

View CrPC Section 408 →View BNSS Section 448 →

CrPC 408 to BNSS 448 at a Glance

Section 408 CrPC (Power of Sessions Judge to transfer cases and appeals) is now Section 448 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 408 to BNSS 448?

From 1 July 2024, Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 408 of the Code of Criminal Procedure, 1973 under the same heading, Power of Sessions Judge to transfer cases and appeals. Section 448(1) BNSS and Section 448(2) BNSS have the same text as Section 408(1) CrPC and Section 408(2) CrPC. Section 448(3) BNSS refers to Section 447 BNSS where Section 408(3) CrPC referred to Section 407 CrPC, and substitutes the words sum not exceeding ten thousand rupees for the word sum where Section 408(3) CrPC substituted the words two hundred and fifty rupees for the words one thousand rupees.

CrPC 408 vs BNSS 448: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section408448
HeadingPower of Sessions Judge to transfer cases and appealsSame
Sub-sections3 sub-sectionsSame
Cross-referencess.407s.447

CrPC 408 and BNSS 448: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 408, CrPC 1973

408. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative. (3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 407, except that sub-section (7) of that section shall so apply as if for the words “one thousand rupees” occurring therein, the words “two hundred and fifty rupees” were substituted.
BNSS 2023 (in force)

Section 448, BNSS 2023

448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative. (3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word "sum" occurring therein, the words "sum not exceeding ten thousand rupees" were substituted.

When It Applies: CrPC 408 vs BNSS 448

Under CrPC 408
  1. A Sessions Judge may order the transfer of a case under Section 408(1) CrPC whenever it is made to appear to the Sessions Judge that an order under Section 408(1) CrPC is expedient for the ends of justice.
  2. Under Section 408(1) CrPC, the Sessions Judge may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
  3. Under Section 408(2) CrPC, the Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.
  4. Section 407(3) CrPC, Section 407(4) CrPC, Section 407(5) CrPC, Section 407(6) CrPC, Section 407(7) CrPC and Section 407(9) CrPC shall apply to an application to the Sessions Judge for an order under Section 408(1) CrPC as they apply to an application to the High Court for an order under Section 407(1) CrPC.
  5. Section 407(7) CrPC applies to an application to the Sessions Judge as if for the words one thousand rupees occurring in it, the words two hundred and fifty rupees were substituted.
Under BNSS 448
  1. A Sessions Judge may order the transfer of a case under Section 448(1) BNSS whenever it is made to appear to the Sessions Judge that an order under Section 448(1) BNSS is expedient for the ends of justice.
  2. Under Section 448(1) BNSS, the Sessions Judge may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
  3. Under Section 448(2) BNSS, the Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.
  4. Section 447(3) BNSS, Section 447(4) BNSS, Section 447(5) BNSS, Section 447(6) BNSS, Section 447(7) BNSS and Section 447(9) BNSS shall apply to an application to the Sessions Judge for an order under Section 448(1) BNSS as they apply to an application to the High Court for an order under Section 447(1) BNSS.
  5. Section 447(7) BNSS applies to an application to the Sessions Judge as if for the word sum occurring in it, the words sum not exceeding ten thousand rupees were substituted.

What CrPC 408 to BNSS 448 Means in Practice

An application to the Sessions Judge under Section 448(1) BNSS brings in the provisions of Section 447 BNSS named in Section 448(3) BNSS. Under Section 448(3) BNSS, Section 447(7) BNSS applies as if for the word sum, the words sum not exceeding ten thousand rupees were substituted. Section 408(3) CrPC substituted the words two hundred and fifty rupees for the words one thousand rupees.

FAQs: CrPC 408 to BNSS 448

Did Section 448(1) BNSS and Section 448(2) BNSS change the words of Section 408(1) CrPC and Section 408(2) CrPC?▼

No. Section 448(1) BNSS has the same text as Section 408(1) CrPC, and Section 448(2) BNSS has the same text as Section 408(2) CrPC. Under both, a Sessions Judge may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division, and may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

What changed in the references to Section 407 CrPC when it became Section 447 BNSS?▼

Section 448(3) BNSS refers to Section 447 BNSS where Section 408(3) CrPC referred to Section 407 CrPC. The sub-sections named are Section 447(3) BNSS, Section 447(4) BNSS, Section 447(5) BNSS, Section 447(6) BNSS, Section 447(7) BNSS and Section 447(9) BNSS, where Section 408(3) CrPC named Section 407(3) CrPC, Section 407(4) CrPC, Section 407(5) CrPC, Section 407(6) CrPC, Section 407(7) CrPC and Section 407(9) CrPC.

What changed in the substitution made in Section 448(3) BNSS?▼

Section 448(3) BNSS reads for the word sum occurring therein, the words sum not exceeding ten thousand rupees where Section 408(3) CrPC read for the words one thousand rupees occurring therein, the words two hundred and fifty rupees.

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: 22 Oct 2026 ·