CRPC §408 → BNSS §449
Power of Sessions Judge to transfer cases and appeals
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408. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.
(3) The provisions of sub-sections (3), (4), (5), (6),
(7) and
(9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section
(1) as they apply in relation to an application to the High Court for an order under sub-section
(1) of section 407, except that sub-section
(7) of that section shall so apply as if for the words “one thousand rupees” occurring therein, the words “two hundred and fifty rupees” were substituted. STATE AMENDMENT Kerala Amendment of section 408. —In section 408 of the principal Act, for the words “any other Magistrate”, the words “other Magistrate of the first class”, and for the words “any Magistrate” the words “a Magistrate of the first class”, shall be substituted.
449.
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section
(1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.
What changedAI-inferred
Power of Sessions Judge to transfer cases and appeals.
Old position
CrPC 408 is concerned with Power of Sessions Judge to transfer cases and appeals. Power of Sessions Judge to transfer cases and appeals
New position
BNSS 449 preserves the framework with drafting modernisations as required by the new code. Topic: cases and Judges.. A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him
BNSS 449 (cases and Judges.) preserves the framework of CrPC 408. BNSS 449 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 449 text: A Sessions Judge may withdraw any case or appeal from, or...
Editorial deltaAI-indicated (source-linked)
BNSS 449 (cases and Judges.) preserves the framework of CrPC 408. BNSS 449 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 449 text: A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 408 continues to apply. For matters from that date forward, BNSS 449 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 449 (cases and Judges.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §408 → BNSS §449 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/408.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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