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

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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