CrPC Section 369
🔹 Section 369 CrPC – Transfer of Certain Cases
🔸 Text of Section 369 CrPC:
Whenever it appears to the High Court or any other Court of Session that, in the interests of justice, it is expedient that any case pending before a Magistrate or a Criminal Court inferior to the Court of Sessions should be tried by another Magistrate or Criminal Court, the High Court or Court of Session may, by order, transfer such case and the proceedings therein for trial by such Magistrate or Criminal Court as it thinks fit.
🔹 Explanation:
1. Purpose of Section 369:
To provide flexibility and fairness in the administration of criminal justice.
To enable higher courts to transfer cases from one court to another for a fair trial.
Ensures that a case is tried in the court best suited or impartial for hearing it.
2. Who Can Transfer Cases?
The High Court.
The Court of Sessions (a court higher than a Magistrate’s court).
3. When Can a Case be Transferred?
When it appears expedient or in the interests of justice to do so.
For example:
If there is a likelihood of bias or partiality in the original court.
If convenience or safety of parties or witnesses demands a transfer.
To avoid multiplicity of proceedings or for better management of cases.
4. Which Cases Can be Transferred?
Any case pending before a Magistrate or Criminal Court inferior to the Court of Sessions.
The transfer can be to another Magistrate or Criminal Court as deemed fit.
5. Effect of Transfer:
Once the case is transferred, the new court will take over the trial or proceedings.
The transferred court must continue the trial from the stage it was left off.
6. Significance:
Helps ensure impartiality and fairness.
Helps in efficient case management and reduces undue delays.
Protects the rights of the accused and other parties involved.
🔹 Summary:
Section 369 CrPC allows the High Court or the Court of Sessions to transfer any case pending before a lower criminal court to another court if it is in the interest of justice.
This provision helps ensure fair trial and proper administration of justice by avoiding bias or inconvenience.
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