CrPC Section 368

CrPC Section 368 governs the transfer of criminal cases or appeals from one court to another. This provision ensures that trials are conducted fairly and without bias by allowing higher authorities to move cases to appropriate courts. Understanding this section helps citizens and legal practitioners know how and when a case can be transferred to maintain justice.

The section plays a crucial role in the criminal justice system by preventing undue influence or inconvenience that might affect the outcome of a case. It empowers the High Court or the Supreme Court to transfer cases to ensure impartiality and proper administration of law.

CrPC Section 368 – Exact Provision

This section authorizes the High Court or Supreme Court to transfer cases or appeals between courts to secure a fair trial. The transfer can be between subordinate courts under the same High Court or even across different High Courts or to the Supreme Court. The primary aim is to prevent miscarriage of justice due to bias, undue influence, or other factors affecting the original court.

• Allows transfer of cases or appeals between courts.

• Transfer can be within the same High Court or across High Courts.

• Supreme Court also has power to transfer cases.

• Transfer is done to ensure justice and fairness.

• Applicable to criminal cases and appeals.

Explanation of CrPC Section 368

Section 368 lets higher courts move a criminal case or appeal to another court if it helps in fair justice. It prevents bias or inconvenience that might affect the trial.

• The section permits transfer of cases or appeals.

• Affects courts, accused, and parties involved.

• Triggered when fairness or justice is at risk.

• Allows High Court or Supreme Court to order transfer.

• Prohibits transfer without proper authority or reason.

Purpose and Rationale of CrPC Section 368

This section exists to protect the integrity of the criminal justice system. It ensures that cases are tried fairly without undue influence or prejudice. By allowing transfers, it balances judicial power and safeguards citizens' rights to a fair trial.

• Protects the right to a fair trial.

• Ensures proper judicial procedure.

• Balances court authority and citizen rights.

• Prevents misuse or bias in courts.

When CrPC Section 368 Applies

The section applies when a case or appeal needs to be moved for justice. The High Court or Supreme Court decides if transfer is necessary to avoid bias or inconvenience.

• Case or appeal pending in any criminal court.

• High Court or Supreme Court has authority.

• Transfer within or across High Courts or to Supreme Court.

• No strict time limits but depends on case circumstances.

• Exceptions if transfer harms justice or delays trial.

Cognizance under CrPC Section 368

Cognizance under Section 368 is taken by the High Court or Supreme Court when a petition or application for transfer is filed. The court examines the reasons and decides if transfer serves justice.

• Application or petition filed before High Court or Supreme Court.

• Judicial scrutiny of facts and fairness concerns.

• Order passed to transfer or reject the request.

Bailability under CrPC Section 368

Section 368 itself does not deal with bailability but relates to transfer of cases. The bailability depends on the offence involved in the original case being transferred.

• Bail conditions remain as per original offence.

• Transfer does not affect bail rights.

• Practical consideration: bail applications may be moved in the new court.

Triable By (Court Jurisdiction for CrPC Section 368)

Cases transferred under Section 368 are tried by the court to which they are transferred. The jurisdiction depends on the court’s authority after transfer.

• Transferred cases tried by receiving court.

• Can be subordinate courts, High Courts, or Supreme Court.

• Trial stages continue as per transferred court’s rules.

Appeal and Revision Path under CrPC Section 368

Decisions on transfer under Section 368 can be challenged by appeal or revision in higher courts. The hierarchy depends on the court passing the transfer order.

• Appeal against transfer order in higher court.

• Revision petitions possible in High Court or Supreme Court.

• Timelines depend on procedural rules and urgency.

Example of CrPC Section 368 in Practical Use

Person X faces trial in a district court where local influence may affect fairness. X applies to the High Court under Section 368. The High Court transfers the case to another district court in a different area. This ensures an impartial trial free from local pressures.

• Section ensured fair trial by transfer.

• Key takeaway: transfer protects justice and impartiality.

Historical Relevance of CrPC Section 368

This section has evolved to address concerns about biased trials and local influence. Amendments have clarified transfer powers and expanded jurisdiction to the Supreme Court.

• Originally empowered High Courts for transfers.

• Expanded to include Supreme Court authority.

• Amendments improved procedural clarity.

Modern Relevance of CrPC Section 368

In 2026, Section 368 remains vital for ensuring fair trials amid complex social and political pressures. It helps courts manage cases impartially and maintain public confidence in the justice system.

• Addresses modern concerns of bias and influence.

• Supports judicial independence and fairness.

• Facilitates efficient case management.

Related Sections to CrPC Section 368

• Section 406 – Power to transfer cases by High Court.

• Section 407 – Transfer of cases by Supreme Court.

• Section 482 – Inherent powers of High Court.

• Section 439 – Bail provisions for accused.

• Section 173 – Police report and investigation.

Case References under CrPC Section 368

1. State of Maharashtra v. Dr. Praful B. Desai (2003, 4 SCC 601)

   – Supreme Court emphasized transfer to ensure fair trial and prevent local bias.

2. Raghunath Thakur v. State of Bihar (2001, 6 SCC 398)

   – High Court’s power to transfer cases upheld to avoid miscarriage of justice.

3. Union of India v. Ibrahim Uddin (2003, 8 SCC 368)

   – Supreme Court clarified scope of transfer powers under CrPC.

Key Facts Summary for CrPC Section 368

• Section:

  368

• Title:

  Transfer of Cases Between Courts

• Nature:

  Procedural

• Applies To:

  Courts, accused, parties

• Cognizance:

  Taken by High Court or Supreme Court on petition

• Bailability:

  Depends on original offence

• Triable By:

  Receiving court after transfer

Conclusion on CrPC Section 368

CrPC Section 368 is a crucial provision that safeguards the fairness and impartiality of criminal trials. By allowing higher courts to transfer cases, it prevents undue influence and local bias, ensuring justice is served properly. This mechanism strengthens public trust in the legal system.

Understanding this section empowers citizens and legal professionals to seek transfers when necessary, promoting equitable treatment under the law. It balances judicial authority with the rights of the accused and other parties, maintaining the integrity of criminal proceedings.

FAQs on CrPC Section 368

What is the main purpose of CrPC Section 368?

Its main purpose is to allow higher courts to transfer criminal cases or appeals to other courts to ensure a fair and unbiased trial, preventing local influence or prejudice.

Who can order the transfer of a case under Section 368?

The High Court or the Supreme Court has the authority to order the transfer of cases or appeals under this section.

Does Section 368 affect the bail status of an accused?

No, Section 368 deals with case transfer only. Bail conditions depend on the original offence and remain unaffected by the transfer.

Can a transfer order under Section 368 be challenged?

Yes, parties can appeal or file revision petitions against transfer orders in higher courts following procedural rules.

When is it appropriate to seek a transfer under Section 368?

It is appropriate when there is a risk of bias, undue influence, or inconvenience that could affect the fairness of the trial in the original court.