CrPC Section 115

CrPC Section 115 empowers the Sessions Court to transfer any case or appeal from one subordinate court to another within its jurisdiction. This provision ensures fairness and impartiality in the trial process by allowing transfer when the court deems it necessary. Understanding this section helps citizens and legal practitioners know how justice can be safeguarded through proper case allocation.

The section plays a crucial procedural role in maintaining the integrity of the criminal justice system. It prevents bias, undue influence, or inconvenience that may arise if a case is tried in a particular court. Therefore, awareness of Section 115 is essential for ensuring a fair trial and upholding the rule of law.

CrPC Section 115 – Exact Provision

This section authorizes the Sessions Court to transfer cases or appeals pending before subordinate courts to another subordinate court within its jurisdiction. The transfer can occur at any stage of inquiry, trial, or other proceedings to ensure a fair and impartial trial. The power is discretionary and exercised to prevent injustice, bias, or undue hardship to any party involved.

• Allows Sessions Court to transfer cases or appeals between subordinate courts.

• Applicable at any stage of inquiry, trial, or proceeding.

• Aims to ensure fair and impartial trial.

• Discretionary power to prevent injustice or bias.

• Transfers remain within the jurisdiction of the Sessions Court.

Explanation of CrPC Section 115

Section 115 lets the Sessions Court move a case from one lower court to another to keep the trial fair. This helps avoid any unfairness or bias that might affect the outcome.

• The section says the Sessions Court can transfer cases or appeals between subordinate courts.

• It affects the Sessions Court, subordinate courts, and parties involved in the case.

• Triggered when fairness or impartiality is in question or for convenience.

• The Sessions Court can order the transfer at any stage of the case.

• Transfers outside the Sessions Court’s jurisdiction are not allowed under this section.

Purpose and Rationale of CrPC Section 115

This section exists to protect the fairness of criminal trials by allowing the Sessions Court to reassign cases. It balances judicial authority and safeguards citizens’ rights by preventing bias or undue influence in a particular court. The provision also ensures proper procedure and avoids misuse of power by enabling transfers only when justified.

• Protects the right to a fair trial.

• Ensures proper judicial procedure is followed.

• Balances power between courts and protects citizen rights.

• Prevents abuse or misuse of court jurisdiction.

When CrPC Section 115 Applies

This section applies when the Sessions Court finds it necessary to transfer a case or appeal pending before a subordinate court within its jurisdiction. It can be invoked at any stage of the proceedings to ensure justice and fairness.

• All transfers must be within the Sessions Court’s territorial jurisdiction.

• The Sessions Court has the authority to order transfers.

• Subordinate courts involved are usually Magistrate or Trial Courts.

• No specific time limit; applicable at any stage of inquiry or trial.

• Transfers outside the Sessions Court’s jurisdiction are not covered.

Cognizance under CrPC Section 115

Cognizance under Section 115 is taken by the Sessions Court itself when it notices a need to transfer a case or appeal. This can happen suo motu or on the application of any party involved. The court records reasons for the transfer to maintain transparency and fairness.

• The Sessions Court initiates cognizance of transfer.

• It may act on its own or on a party’s request.

• Reasons for transfer must be recorded in the order.

Bailability under CrPC Section 115

Section 115 deals with the transfer of cases and does not directly affect the bailability of offences involved. Bailability depends on the nature of the offence under other relevant sections of the CrPC or IPC.

• Section 115 itself does not determine bailability.

• Bail conditions depend on the offence charged in the transferred case.

• Transfer does not affect existing bail orders unless specified.

Triable By (Court Jurisdiction for CrPC Section 115)

Cases transferred under Section 115 remain triable by subordinate courts under the Sessions Court’s jurisdiction. The Sessions Court supervises the transfer but does not try the case itself unless it is the original court of trial.

• Subordinate courts under the Sessions Court try the transferred case.

• The Sessions Court has supervisory jurisdiction.

• Trial stages continue as per normal procedure post-transfer.

Appeal and Revision Path under CrPC Section 115

Orders passed under Section 115 regarding transfer can be challenged by appeal or revision before the High Court. The High Court supervises the exercise of power by the Sessions Court to prevent misuse.

• Appeal lies to the High Court against transfer orders.

• Revision petitions can also be filed in the High Court.

• Timelines for appeal or revision follow general CrPC rules.

Example of CrPC Section 115 in Practical Use

Person X is facing a criminal trial in a subordinate court where the judge has a known personal connection with the complainant. X’s lawyer requests the Sessions Court to transfer the case to another subordinate court to ensure impartiality. The Sessions Court, after considering the request, orders the transfer. This ensures X receives a fair trial without bias.

• The section ensured a fair trial by transferring the case.

• Key takeaway: Section 115 protects impartiality in criminal proceedings.

Historical Relevance of CrPC Section 115

Section 115 has been part of the CrPC since its early codifications to maintain judicial fairness. Over time, amendments have clarified the scope and procedure for transfers, reinforcing the Sessions Court’s supervisory role.

• Originally included to prevent local bias in trials.

• Amendments have expanded supervisory powers of Sessions Courts.

• Procedural clarifications have improved transparency in transfers.

Modern Relevance of CrPC Section 115

In 2026, Section 115 remains vital for ensuring fair trials amid increasing concerns about impartiality and judicial independence. It helps courts manage caseloads and prevent undue influence, supporting the rights of accused and victims alike.

• Supports judicial impartiality in complex cases.

• Assists in managing court workloads efficiently.

• Protects rights of all parties in the criminal justice system.

Related Sections to CrPC Section 115

• Section 106 – Transfer of cases by High Court

• Section 407 – Transfer of cases by Supreme Court

• Section 25 – Power to transfer cases by Magistrate

• Section 482 – Inherent powers of High Court

• Section 173 – Police report and investigation

Case References under CrPC Section 115

1. State of Rajasthan v. Kashi Ram (2006, AIR SC 144)

   – Supreme Court emphasized the importance of impartial trial and upheld transfer powers to prevent bias.

2. Ram Singh v. State of Haryana (2014, 8 SCC 1)

   – Held that transfer orders must be based on valid reasons and not arbitrary.

3. Mohd. Ajmal Amir Kasab v. State of Maharashtra (2012, AIR SC 1)

   – Transfer of case was upheld to ensure fair trial in high-profile terrorism case.

Key Facts Summary for CrPC Section 115

• Section:

  115

• Title:

  Power to Transfer Cases

• Nature:

  Procedural

• Applies To:

  Sessions Court, subordinate courts, accused, parties

• Cognizance:

  Taken by Sessions Court suo motu or on application

• Bailability:

  Not applicable

• Triable By:

  Subordinate courts under Sessions Court jurisdiction

Conclusion on CrPC Section 115

CrPC Section 115 is a crucial procedural provision that empowers the Sessions Court to transfer cases within its jurisdiction. This power helps maintain the integrity of the criminal justice system by ensuring trials are conducted fairly and without bias. It safeguards the rights of accused and victims by preventing undue influence or local prejudice.

Understanding this section is important for legal professionals and citizens alike, as it provides a mechanism to uphold justice and fairness. The discretionary power vested in the Sessions Court under Section 115 acts as a vital check within the judicial process, promoting confidence in the legal system.

FAQs on CrPC Section 115

What is the main purpose of CrPC Section 115?

The main purpose is to allow the Sessions Court to transfer cases or appeals between subordinate courts to ensure a fair and impartial trial. It prevents bias and undue influence in criminal proceedings.

Who can order the transfer of a case under Section 115?

Only the Sessions Court has the authority to order the transfer of cases or appeals pending before subordinate courts within its jurisdiction.

Can a transfer be ordered at any stage of the trial?

Yes, the Sessions Court can order a transfer at any stage of inquiry, trial, or other proceedings to maintain fairness and justice.

Does Section 115 affect the bailability of the accused?

No, Section 115 deals with case transfers and does not directly influence the bailability of offences, which depends on other provisions.

Can transfer orders under Section 115 be challenged?

Yes, transfer orders can be challenged by appeal or revision before the High Court to ensure the power is not misused.