Section 447 of BNSS : Section 447: Power of High Court to transfer cases and appeals.

Explanation using Example

Example 1:

Scenario: A high-profile politician is accused of corruption in a small town in Uttar Pradesh. The local court is under immense pressure from various political groups, and there are concerns that a fair trial may not be possible due to local biases and influence.

Application of Section 447:

• The defense lawyer files an application to the High Court of Allahabad, arguing that a fair and impartial trial cannot be conducted in the local court (sub-section 1(a)).
• The High Court reviews the application and agrees that the local environment may compromise the fairness of the trial.
• The High Court orders that the case be transferred to a criminal court in Lucknow, which is of equal jurisdiction but not influenced by local political pressures (sub-section 1(ii)).

Example 2:

Scenario: A complex financial fraud case involving multiple companies and intricate financial transactions is being tried in a district court in Maharashtra. The case involves complicated questions of law that the lower court may not be equipped to handle.

Application of Section 447:

• The public prosecutor files an application to the High Court of Bombay, stating that the case involves questions of law of unusual difficulty (sub-section 1(b)).
• The High Court, recognizing the complexity of the legal issues, decides t...

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