Transfer Of Criminal Trials: Safeguard Or Delay Tactic?

The Indian legal system permits the transfer of criminal trials in exceptional circumstances, primarily to ensure that justice is not only done but also seen to be done Under the Code of Criminal Procedure, 1973 (CrPC), Section 406 empowers the Supreme Court to transfer cases or appeals from one court subordinate to a High Court to another court subordinate to a different High Court, i.e., for interstate transfers. It does not apply to transfers within the jurisdiction of the same High Court. Such intra-state transfers are governed by Sections 407 and 408, which vest the power in the High Courts and Sessions Courts, respectively, especially in cases involving apprehension of bias, threat to life, or risk of evidence tampering. This is not a matter of convenience, but a constitutional safeguard under Article 21 of the Constitution.