When can a criminal case be transferred to another state?

Under Section 406, the Supreme Court can transfer a case to another state when: there is genuine apprehension of prejudice (communal bias, political pressure, witness threats); fair trial is impossible locally; there are security concerns; or justice requires it.

Section 406 — Power of Supreme Court to Transfer Cases | Code of Criminal Procedure | LawCodeHub

Section 406(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.

Explanation

Section 406 gives the Supreme Court the ultimate tool for ensuring fair trial — the power to move any criminal case anywhere in India. This power is invoked when there are genuine concerns about fair trial at the original location: fear of violence against witnesses or parties; risk of communal bias in the local judiciary; political pressure on the local courts; extraordinary local prejudice against the accused or victim; or genuine security threats. Section 406 has been used in many high-profile cases: communal riot cases transferred from riot-affected states; cases involving regional politicians transferred outside their home states; cases where witnesses faced threats. The Section 407 provision (High Court transfer within its jurisdiction) and Section 408 (Sessions Court transfer within district) operate on the same principle at lower levels.

Power of Supreme Court to Transfer Cases

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