Section 446 BNSS: Power of Supreme Court to Transfer Criminal Cases and Appeals

Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives the Supreme Court of India statutory power to transfer a particular criminal case or appeal from one High Court to another High Court, or from a criminal court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court, when such transfer is expedient for the ends of justice.

Current law: The BNSS is Act No. 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning Section 106(2). Section 446 is contained in Chapter XXXIII, "Transfer of Criminal Cases."

Text of Section 446 BNSS, 2023

446. Power of Supreme Court to transfer cases and appeals.

(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.

Meaning and Scope of Section 446 BNSS

Section 446 is an inter-State and inter-High Court transfer provision for criminal proceedings. Its central test is whether transfer is expedient for the ends of justice. The provision is intended to enable the Supreme Court to protect the fairness and proper administration of criminal justice where a case or appeal should, in the interests of justice, proceed before a different High Court or before a competent criminal court under another High Court.

1. What may be transferred?

The Supreme Court may transfer a particular criminal case or appeal. The transfer may be:

from one High Court to another High Court; or
from a criminal court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court.

2. Who may apply?

The Supreme Court may exercise the statutory power under Section 446 only on an application by the Attorney-General of India or by a party interested.

3. Form of the application

The application must be made by motion. Unless the applicant is the Attorney-General of India or the Advocate-General of a State, the motion must be supported by an affidavit or affirmation.

4. Frivolous or vexatious applications

If a transfer application is dismissed and the Supreme Court considers it frivolous or vexatious, the Court may direct the applicant to pay compensation to a person who opposed the application. Under the BNSS, the section leaves the amount to what the Supreme Court considers appropriate in the circumstances.

Section 446 BNSS and Former Section 406 CrPC

Section 446 BNSS substantially carries forward the Supreme Court's transfer power that appeared in Section 406 of the Code of Criminal Procedure, 1973. The basic transfer test, eligible applicants and affidavit requirement remain materially similar.

Point	Section 446 BNSS, 2023	Section 406 CrPC, 1973
Transfer power	Supreme Court may transfer a particular case or appeal between High Courts or qualifying subordinate criminal courts under different High Courts.	Substantially the same power.
Applicant	Attorney-General of India or a party interested.	Same.
Supporting affidavit	Generally required, except for the Attorney-General of India or Advocate-General of the State.	Same general requirement.
Compensation for frivolous or vexatious application	Such sum as the Supreme Court considers appropriate in the circumstances.	Old text contained a ceiling of Rs. 1,000.

Practical Points for a Criminal Transfer Petition

The petition should clearly identify the criminal case or appeal sought to be transferred and the courts presently and proposed to be concerned.
The grounds should demonstrate why transfer is necessary or expedient for the ends of justice, rather than merely for convenience or tactical advantage.
Where required by Section 446(2), the application should be supported by a properly sworn affidavit or affirmation.
The applicant should avoid unsupported allegations because Section 446(3) permits compensation where an application is found frivolous or vexatious.
Filing and procedural requirements should also be checked against the current Supreme Court Rules and practice directions.

Related BNSS Provisions

Section 446 should be read with the surrounding provisions in Chapter XXXIII dealing with transfer of criminal cases. In particular, Section 447 BNSS deals with the High Court's transfer power, while Section 448 BNSS deals with the transfer power of a Sessions Judge.

Official Legal Resources

Last reviewed and updated: 12 September 2026.