Supreme Court Clarifies When Criminal Trials Can Be Transferred Under Section 406 CrPC

Supreme Court Clarifies When Criminal Trials Can Be Transferred Under Section 406 CrPC

  • Case Name: M/S Shri Sendhuragro and Oil Industries Pranab Prakash v. Kotak Mahindra Bank Lt

The Supreme Court, in a case seeking the transfer of a trial from Coimbatore to Chandigarh under Section 406 CrPC, ruled that mere inconvenience of the accused cannot justify a transfer.

The Court held that trial transfers must be exercised cautiously and only in exceptional situations.

The Court outlined five key instances where a transfer may be allowed, including state prosecution bias, risk of witness intimidation, communal tensions, undue hardships, or external interference.

The bench dismissed the plea, stating lack of territorial jurisdiction alone is not a valid ground for transfer.

SC judgment / 8 months ago

 Nishtha GuptaBookmark