Section 408 · Power of Sessions Judge to transfer cases and appeals
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(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.
STATE AMENDMENT
Kerala
Amendment of section 408. --In section 408 of the principal Act, for the words "any other Magistrate", the words "other Magistrate of the first class", and for the words "any Magistrate" the words "a Magistrate of the first class", shall be substituted.
[Vide Kerala Act 5 of 1957, s. 3.]
(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.
STATE AMENDMENT
Kerala
Amendment of section 408. --In section 408 of the principal Act, for the words "any other Magistrate", the words "other Magistrate of the first class", and for the words "any Magistrate" the words "a Magistrate of the first class", shall be substituted.
[Vide Kerala Act 5 of 1957, s. 3.]
In the new law
CrPC 408BNSS 448
448. Power of Sessions Judge to transfer cases and appeals.
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