What Is BNSS Section 449?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 449: 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 448 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 448, except that sub-section (7) of that section shall so apply as if for the word occurring therein, the words sum not exceeding ten thousand rupees were substituted.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers a Sessions Judge to transfer cases between Criminal Courts within his jurisdiction when it is necessary for justice. The Sessions Judge can initiate this transfer based on a report from a lower Court, an application from an interested party, or on his own accord. Additionally, certain provisions from section 448 are applicable to these proceedings, with specific modifications regarding monetary limits.

Question & Answers

Q1: What is the main purpose of Section 449?

A1: The main purpose is to empower a Sessions Judge to transfer cases between Criminal Courts in his sessions division to ensure justice.

Q2: Under what circumstances can a Sessions Judge transfer a case?

A2: A Sessions Judge can transfer a case if it appears expedient for the ends of justice, based on a report from a lower Court, an application from an interested party, or on his own initiative.

Q3: Are there any provisions from other sections that apply to this section?

A3: Yes, the provisions of sub-sections (3), (4), (5), (6), (7), and (9) of section 448 apply, with modifications regarding monetary limits.

Q4: What is the monetary limit mentioned in the application process?

A4: The monetary limit specified is sum not exceeding ten thousand rupees.

Example

1. A Sessions Judge receives a report from a lower Court indicating that a particular case would be better served in a different Criminal Court. The Judge decides to transfer the case to maintain justice.

2. An individual involved in a case files an application to the Sessions Judge, requesting a transfer due to concerns about the fairness of the current jurisdiction. The Judge reviews the application and may choose to grant the transfer.

3. A Sessions Judge notices a case that could benefit from being heard in a different court and takes the initiative to transfer it, ensuring the proceedings align with the interests of justice.

Summary

Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows Sessions Judges to transfer criminal cases between courts within their jurisdiction when deemed necessary for justice. The provision can be activated through reports from lower courts, applications from involved parties, or by the judge's own initiative, with certain applicable rules from section 448 and specified financial limits.