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

Code of Criminal Procedure, 1973

Section 408 CrPC at a Glance

Section 408 CrPC deals with power of Sessions Judge to transfer cases and appeals. From 1 July 2024 it is replaced by Section 448 BNSS.

Now BNSS

Section 448 →

What Section 408 CrPC Says

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.

Source: Section 408, Code of Criminal Procedure, 1973

Section 408 CrPC in Simple Words

Section 408 of the Code of Criminal Procedure, 1973 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 408(1) CrPC 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 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. Section 408(3) CrPC applies certain sub-sections of Section 407 CrPC to an application to the Sessions Judge, with two hundred and fifty rupees in place of one thousand rupees in Section 407(7) CrPC.

When Section 408 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 408 CrPC

Ramesh is a party interested in a particular case pending before a Criminal Court in a sessions division. It is made to appear to the Sessions Judge of that sessions division that an order under Section 408(1) CrPC is expedient for the ends of justice. On the application of Ramesh, under Section 408(2) CrPC, the Sessions Judge may order that the case be transferred from that Criminal Court to another Criminal Court in the sessions division.

When Section 408 CrPC Does Not Apply

  • Section 408(1) CrPC 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 407 CrPC, Power of High Court to transfer cases and appeals.
  • Section 408(1) CrPC speaks of a Sessions Judge ordering that a case be transferred. It does not deal with the withdrawal of cases and appeals by a Sessions Judge, which is found in Section 409 CrPC.

Section 408 CrPC Under BNSS 448: What Changed

Section 408 CrPC is now covered under Section 448 BNSS.

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.

View detailed comparison (CrPC 408 vs BNSS 448) →

FAQs on Section 408 CrPC

When may a Sessions Judge order the transfer of a case under Section 408 CrPC?▼

Under Section 408(1) of the Code of Criminal Procedure, 1973, whenever it is made to appear to a Sessions Judge that an order under Section 408(1) CrPC 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 408(2) CrPC?▼

Under Section 408(2) of the Code of Criminal Procedure, 1973, 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 407 CrPC apply to an application to the Sessions Judge under Section 408 CrPC?▼

Under Section 408(3) of the Code of Criminal Procedure, 1973, 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. Section 407(7) CrPC applies as if for the words one thousand rupees occurring in it, the words two hundred and fifty rupees were substituted.

Where is Section 408 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 408 CrPC is found in Section 448 BNSS, which has the same heading, Power of Sessions Judge to transfer cases and appeals. Section 408(1) CrPC is found in Section 448(1) BNSS, Section 408(2) CrPC is found in Section 448(2) BNSS and Section 408(3) CrPC is found in Section 448(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·