Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 447: 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 as it may consider appropriate in the circumstances of the case.
Brief Detail
Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the Supreme Court's authority to transfer cases and appeals. Key points include:
- The Supreme Court can transfer cases or appeals if it deems it necessary for justice.
- Transfers can occur between High Courts or from one subordinate Criminal Court to another of equal or superior jurisdiction.
- Applications for such transfers must be made by the Attorney-General or an interested party and usually require supporting affidavits.
- If an application is deemed frivolous, the Supreme Court may order compensation to opposing parties.
Question & Answers
Q1: Under what conditions can the Supreme Court transfer a case or appeal?
A1: The Supreme Court may transfer a case if it appears expedient for the ends of justice.
Q2: Who can make an application for transferring a case?
A2: Applications can be made by the Attorney-General of India or a party interested in the case.
Q3: What must support an application made by someone other than the Attorney-General?
A3: Such applications must be supported by an affidavit or affirmation.
Q4: What happens if an application for transfer is dismissed?
A4: The Supreme Court may order the applicant to pay compensation to any person who opposed the application if it finds the application frivolous or vexatious.
Example
- Scenario 1: If a case is being heard in one High Court but requires a different jurisdiction for justice, the Supreme Court may transfer the case to another High Court.
- Scenario 2: An individual files an application for case transfer but fails to provide necessary documentation; thus, the Supreme Court may dismiss the application.
- Scenario 3: After reviewing an application deemed frivolous, the Supreme Court may order the applicant to compensate a party that opposed the transfer.
Summary
Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Supreme Court to transfer cases and appeals between High Courts or subordinate Criminal Courts for the sake of justice. It details the application process, the authority required to file such applications, and the consequences of filing frivolous applications.
