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

Code of Criminal Procedure, 1973

Section 406 CrPC at a Glance

Section 406 CrPC deals with power of Supreme Court to transfer cases and appeals. From 1 July 2024 it is replaced by Section 446 BNSS.

Now BNSS

Section 446 →

What Section 406 CrPC Says

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.

Source: Section 406, Code of Criminal Procedure, 1973

Section 406 CrPC in Simple Words

Section 406 of the Code of Criminal Procedure, 1973 enables a particular case or appeal to be moved across High Court jurisdictions when 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 seek this relief by motion so that the proceeding is heard in another High Court or in a subordinate Criminal Court of equal or superior jurisdiction under another High Court.

When the Supreme Court dismisses an application it considers frivolous or vexatious, Section 406(3) CrPC lets it order the applicant to pay compensation not exceeding one thousand rupees to any person who opposed it.

When Section 406 CrPC Applies

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.
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.
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.
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.
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.

Example of Section 406 CrPC

Ramesh, a party interested in a criminal appeal pending in one High Court, seeks to have the appeal moved to another High Court under Section 406 of the Code of Criminal Procedure, 1973. Because Ramesh is neither the Attorney-General of India nor the Advocate-General of the State, he makes his application to the Supreme Court by motion supported by an affidavit as required by Section 406(2) CrPC. Anita opposes the application. After hearing the motion, the Supreme Court dismisses the application and, being of opinion that it was frivolous or vexatious, orders Ramesh under Section 406(3) CrPC to pay Anita compensation not exceeding one thousand rupees as it considers appropriate in the circumstances of the case.

When Section 406 CrPC Does Not Apply

The Supreme Court cannot direct a transfer under Section 406(1) of the Code of Criminal Procedure, 1973 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 406(1) CrPC 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 406(2) CrPC unless the application is brought by the Attorney-General of India or by a party interested.
Compensation cannot be ordered under Section 406(3) CrPC unless the transfer application is dismissed and the Supreme Court is of opinion that the application was frivolous or vexatious.

Section 406 CrPC Under BNSS 446: What Changed

Section 406 CrPC is now covered under Section 446 BNSS.

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.

View detailed comparison (CrPC 406 vs BNSS 446) →

FAQs on Section 406 CrPC

When may the Supreme Court transfer a case or appeal under Section 406 CrPC?▼

Section 406(1) of the Code of Criminal Procedure, 1973 allows 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 ordered 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 406 CrPC and how must the application be made?▼

The Supreme Court may act under Section 406(2) of the Code of Criminal Procedure, 1973 only on the application of the Attorney-General of India or of a party interested. Every such application shall be made by motion. In addition, 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 406(2) CrPC.

What happens if a transfer application under Section 406 CrPC is dismissed as frivolous or vexatious?▼

Where an application for exercising the powers under Section 406 of the Code of Criminal Procedure, 1973 is dismissed, Section 406(3) CrPC provides for potential compensation. If the Supreme Court is of opinion that the dismissed application was frivolous or vexatious, it may order the applicant to pay compensation to any person who has opposed the application. The compensation ordered may be such sum not exceeding one thousand rupees as the Supreme Court considers appropriate in the circumstances of the case.

Where is the provision corresponding to Section 406 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision governing the power of the Supreme Court to transfer cases and appeals is found in Section 446 BNSS, with Section 406(1) CrPC corresponding to Section 446(1) BNSS, Section 406(2) CrPC corresponding to Section 446(2) BNSS and Section 406(3) CrPC corresponding to Section 446(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·