Section 407 of CrPC : Section 407: Power Of High Court To Transfer Cases And Appeals

Explanation using Example

Imagine a scenario where an influential local politician is accused of corruption in a small town. Due to the politician's influence in the region, there's a widespread belief that he can manipulate the local judicial process to his advantage. The accused's legal team anticipates that the local sentiment and the politician's connections might impede a fair trial. Therefore, they file a motion with the High Court under Section 407(1)(a) of The Code of Criminal Procedure, 1973, arguing that a fair and impartial trial cannot be had in the subordinate criminal court.

In their application, supported by an affidavit, they highlight instances of potential bias and local influence that could affect the case's outcome. The High Court, upon reviewing the application and considering the arguments, may decide to transfer the case to a different jurisdiction where a fair trial can be ensured, as per Section 407(1)(ii). If the High Court finds the application to be frivolous, it also has the power under Section 407(7) to order the applicant to pay compensation to the opposing party.