Section 448 BNSS: Power of Sessions Judge to transfer cases and appeals
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 448 BNSS at a Glance
Section 448 BNSS deals with power of Sessions Judge to transfer cases and appeals. It replaced Section 408 CrPC on 1 July 2024.
Section 448 BNSS Bare Act Text
(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.
Source: Section 448, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 448 BNSS in Simple Words
Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Power of Sessions Judge to transfer cases and appeals. Whenever it is made to appear to a Sessions Judge that an order under Section 448(1) BNSS 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.
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. Section 448(3) BNSS applies certain sub-sections of Section 447 BNSS to an application to the Sessions Judge, with the words sum not exceeding ten thousand rupees in place of the word sum in Section 447(7) BNSS.
When Section 448 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 448 BNSS
When Section 448 BNSS Does Not Apply
- Section 448(1) BNSS speaks of a Sessions Judge transferring a case from one Criminal Court to another Criminal Court in his sessions division. It does not deal with a transfer ordered by the High Court, which is found in Section 447 BNSS, Power of High Court to transfer cases and appeals.
- Section 448(1) BNSS speaks of a Sessions Judge ordering that a case be transferred. It does not deal with the withdrawal of cases and appeals by Sessions Judges, which is found in Section 449 BNSS, Withdrawal of cases and appeals by Sessions Judges.
Section 448 BNSS in the CrPC (Previous Law)
Section 448 BNSS replaced Section 408 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 448 BNSS
When may a Sessions Judge order the transfer of a case under Section 448 BNSS?▼
Under Section 448(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, whenever it is made to appear to a Sessions Judge that an order under Section 448(1) BNSS 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.
On what may the Sessions Judge act under Section 448(2) BNSS?▼
Under Section 448(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
Which provisions of Section 447 BNSS apply to an application to the Sessions Judge under Section 448 BNSS?▼
Under Section 448(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. Section 447(7) BNSS applies as if for the word sum occurring in it, the words sum not exceeding ten thousand rupees were substituted.
What changed from Section 408 CrPC to Section 448 BNSS from 1 July 2024?▼
From 1 July 2024, Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 408 of the Code of Criminal Procedure, 1973. Both have 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. 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.
Section 448 BNSS: Sub-sections Explained
Section 448(1) BNSS: Power of Sessions Judge to transfer cases and appeals
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Bare Act Text
(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.
Section 448(2) BNSS: Power of Sessions Judge to transfer cases and appeals
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Bare Act Text
(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.
Section 448(3) BNSS: Power of Sessions Judge to transfer cases and appeals
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·