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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 446 BNSS at a Glance

Section 446 BNSS deals with power of Supreme Court to transfer cases and appeals. It replaced Section 406 CrPC on 1 July 2024.

Was CrPC

Section 406 →

Section 446 BNSS Bare Act Text

(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.

Source: Section 446, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 446 BNSS in Simple Words

Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables a particular case or appeal to be moved across High Court jurisdictions whenever it is made to appear to the Supreme Court that a transfer is expedient for the ends of justice.

The Attorney-General of India or a party interested may apply by motion so that the proceeding is transferred from one High Court to another High Court or from a subordinate Criminal Court to another Criminal Court of equal or superior jurisdiction under another High Court.

When the Supreme Court dismisses an application it considers frivolous or vexatious, Section 446(3) BNSS lets it order the applicant to pay such compensation as it considers appropriate to any person who opposed it.

When Section 446 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 446 BNSS

Vikram, a party interested in a criminal case pending in a Criminal Court subordinate to one High Court, seeks to have the case transferred to a Criminal Court of equal jurisdiction subordinate to another High Court under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Because Vikram is neither the Attorney-General of India nor the Advocate-General of the State, he presents his application to the Supreme Court by motion supported by an affidavit under Section 446(2) BNSS. Meera opposes the application. The Supreme Court dismisses the application and, being of opinion that it was frivolous or vexatious, orders Vikram under Section 446(3) BNSS to pay Meera such compensation sum as it considers appropriate in the circumstances of the case.

When Section 446 BNSS Does Not Apply

  • The Supreme Court cannot direct a transfer under Section 446(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when it is not made to appear to the Court that a transfer order is expedient for the ends of justice.
  • A case or appeal in a Criminal Court subordinate to one High Court cannot be transferred under Section 446(1) BNSS to a Criminal Court of inferior jurisdiction or to a Criminal Court subordinate to the same High Court.
  • The Supreme Court cannot act under Section 446(2) BNSS unless the application is brought by the Attorney-General of India or by a party interested.
  • Compensation cannot be ordered under Section 446(3) BNSS unless the transfer application is dismissed and the Supreme Court is of opinion that the application was frivolous or vexatious.

Section 446 BNSS in the CrPC (Previous Law)

Section 446 BNSS replaced Section 406 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 446 BNSS

When may the Supreme Court transfer a case or appeal under Section 446 BNSS?▼

Section 446(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Supreme Court to direct the transfer of any particular case or appeal whenever it is made to appear to the Court that such an order is expedient for the ends of justice. The transfer may be 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.

Who may apply for a transfer under Section 446 BNSS and what is the procedure?▼

The Supreme Court may act under Section 446(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 only on the application of the Attorney-General of India or of a party interested. Every such application shall be made by motion. Furthermore, the motion shall be supported by an affidavit or affirmation, except when the applicant is the Attorney-General of India or the Advocate-General of the State, who are exempt from that requirement under Section 446(2) BNSS.

What compensation can the Supreme Court order when dismissing an application under Section 446(3) BNSS?▼

Where any application for exercising the powers conferred by Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is dismissed, Section 446(3) BNSS allows the Supreme Court to award compensation if it is of opinion that the application was frivolous or vexatious. The Supreme Court may order the applicant to pay to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.

What changed from Section 406 CrPC to Section 446 BNSS from 1 July 2024?▼

Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 406 of the Code of Criminal Procedure, 1973 from 1 July 2024. The rules in Section 446(1) BNSS and Section 446(2) BNSS on when the Supreme Court may transfer a case or appeal and how an application is made are unchanged. In Section 446(3) BNSS, the statutory monetary ceiling in the Code on compensation for a dismissed frivolous or vexatious application was removed, so the Court may order such sum as it considers appropriate.

Section 446 BNSS: Sub-sections Explained

Section 446(1) BNSS: Power of Supreme Court to transfer cases and appeals

▶

Bare Act Text

(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.

Previous Law

CrPC 406 → Section 446(1) BNSS

Section 446(2) BNSS: Power of Supreme Court to transfer cases and appeals

▶

Bare Act Text

(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.

Previous Law

CrPC 406(2) → Section 446(2) BNSS

Section 446(3) BNSS: Power of Supreme Court to transfer cases and appeals

▶

Bare Act Text

(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.

Previous Law

CrPC 406(3) → Section 446(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·