Transfer of a Criminal Case Under the BNSS (Sections 446 and 447): CrPC 406 Mapping (2026)
How a criminal case can be transferred under the BNSS, the powers of the Supreme Court under Section 446 and the High Court under Section 447, the grounds, and how they map to the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A fair trial depends on the right forum. When a case cannot be tried fairly where it sits, the law allows it to be moved. The transfer provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are Sections 446 to 448, and they replaced Sections 406 to 408 of the old Code of Criminal Procedure, 1973 (CrPC). Section 446 is the Supreme Court’s power and Section 447 is the High Court’s power. These are procedure provisions and carry no punishment. Last verified October 2026.
- What it is: Sections 446 to 448 of the BNSS allow a criminal case or appeal to be transferred from one court to another.
- Supreme Court: Section 446 (old Section 406) moves cases between High Courts or States.
- High Court: Section 447 (old Section 407) moves cases within the State.
- Sessions Judge: Section 448 (old Section 408) moves cases within the division; a frivolous application can cost up to Rs 10,000.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts, benches and forums.
01Why transfer of a case matters
A trial must not only be fair, it must look fair. There are cases where that is not possible in the court where the case started: a party cannot get an impartial hearing, witnesses face danger, the local atmosphere is charged, or a hard question of law needs a higher court. Forcing the trial to stay put would defeat justice.
Transfer is the answer. A higher court can move a case or appeal from one court to another, or even from one State to another, to secure a fair and impartial trial. The power sits at three levels, depending on how far the case must move.
People searching "bnss section 446", "section 406 crpc in bnss", or "transfer petition criminal" are looking for these provisions and the grounds for a transfer.
02The three transfer powers
The BNSS gives the power to transfer at three levels, each for a different reach.
- Section 446 (Supreme Court): the Supreme Court can transfer a case or appeal from one High Court to another, or from a court subordinate to one High Court to a court subordinate to another. This is the power used when a case must move between States.
- Section 447 (High Court): the High Court can transfer a case or appeal from one court to another within the State, for example when a fair and impartial trial is not possible, a complex question of law arises, or it is expedient in the interests of justice.
- Section 448 (Sessions Judge): a Sessions Judge can move a case from one criminal court to another within the sessions division, acting on a report, on a party’s application, or on the Judge’s own motion.
So the level you approach depends on how far the case needs to move. Within a sessions division, the Sessions Judge can act. Within a State, the High Court. Across States, the Supreme Court.
A procedure provision, not an offence
These transfer sections do not create crimes and carry no punishment. They decide which court hears the case. Any punishment comes from the offence tried, not from these provisions.
03CrPC 406 to 408 to BNSS 446 to 448
The BNSS transfer provisions replace Sections 406 to 408 of the CrPC, level for level. The structure and the grounds are carried over, with renumbering and small drafting changes. The Supreme Court has noted that the Sessions Judge’s power under the old Section 408 and the new Section 448 is the same.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Transfer power |
|---|---|---|
| Section 406 | Section 446 | Supreme Court (between High Courts or States) |
| Section 407 | Section 447 | High Court (within the State) |
| Section 408 | Section 448 | Sessions Judge (within the division) |
Because the scheme is unchanged, the body of case law under the old sections on when a transfer will or will not be ordered continues to guide practice under the BNSS.
04Grounds and safeguards
A transfer is not granted for the asking. The applicant has to show a real risk to a fair trial, not mere inconvenience or a preference for a friendlier forum. Common grounds include a reasonable apprehension of bias, a threat to the safety of a party or witnesses, or the need to consolidate connected cases.
There are safeguards against misuse:
- Notice and hearing. The other side is heard before a transfer is ordered.
- Cost for a frivolous application. At the Sessions Judge level, if an application for transfer is dismissed and the court finds it was frivolous or vexatious, it can order the applicant to pay compensation, up to Rs 10,000, to the person who opposed it.
For related procedure, see criminal appeals under the BNSS and criminal revision under Section 442. For a plain comparison of these shifts, see BNSS vs CrPC key changes.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A transfer petition stands or falls on precedent about what counts as a real risk to a fair trial, and it usually runs in parallel with the main case it seeks to move. Claw serves both. You can search more than 30 crore judgments, spanning the Supreme Court from 1950 and the High Courts from 1990, for transfer orders on facts like yours, including under the old Sections 406 to 408, and get the result in under five seconds. You can then keep the petition and the trial under watch across 9,102 courts, benches and forums, with each order and date recorded by party or advocate name, so neither the petition nor the parallel matter is missed. See case search across Indian courts.
Open a free Claw account to research and follow these matters by party or advocate name. Claw does not use customer case documents to train its AI models; it is a research and tracking tool and does not draft or file the transfer petition or replace legal advice.
06Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Sections 446 to 448 and take advice from counsel before you file.
07Frequently asked questions
What is Section 446 of the BNSS?
Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the Supreme Court’s power to transfer a criminal case or appeal from one High Court to another, or between courts subordinate to different High Courts. It replaced Section 406 of the CrPC and is used when a case must move between States.
Which court can transfer a case within a State?
The High Court, under Section 447 of the BNSS, which replaced Section 407 of the CrPC. It can move a case or appeal from one court to another within the State to secure a fair trial, to deal with a complex question of law, or where it is otherwise in the interests of justice.
Can a Sessions Judge transfer a case?
Yes. Under Section 448 of the BNSS, which replaced Section 408 of the CrPC, a Sessions Judge can move a case from one criminal court to another within the sessions division, acting on a report, on a party’s application, or on the Judge’s own motion.
What are the grounds for transferring a criminal case?
Common grounds include a reasonable apprehension that a fair and impartial trial is not possible, a threat to the safety of a party or witnesses, a complex question of law, or the need to hear connected cases together. Mere inconvenience is not enough.
Is there a cost for a frivolous transfer application?
At the Sessions Judge level, if a transfer application is dismissed and found to be frivolous or vexatious, the court can order the applicant to pay compensation, up to Rs 10,000, to the person who opposed it. Confirm the current amount against the official text.
Can I track a transfer petition in Claw?
Yes. Claw keeps the transfer petition and the trial under watch across 9,102 courts, benches and forums, recording each order and date, and lets you search more than 30 crore judgments for transfer orders in under five seconds. Claw does not file the petition or give legal advice.