← Previous Next →

Section 526. High Court may transfer case or itself try it

(1) Whenever it is made to appear to the High Court:—

  1. that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
  2. that some question of law of unusual difficulty is likely to arise, or
  3. that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same, or
  4. that an order under this section will tend to the general convenience of the parties or witnesses, or
  5. that such an order is expedient for the ends of justice, or is required by any provision of this Code;

it may order__

  1. that any offence be inquired into or tried by any Court not empowered under sections 177 to 184 (both inclusive), but in other respects competent to inquire into or try such offence;
  2. that any particular [7][8][1] [2] [3] [4] [5] [7] [8] [1]

(2) When the High Court withdraws for trial before itself any case from any Court [3] it shall, [4] observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.

(3) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative.

(4) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Advocate General, be supported by affidavit or affirmation.

(5) When an accused person makes an application under this section, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if [5] pay [6]

(6) Notice to Public Prosecutor of application under this section. Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. [8]

(7) Nothing in this section shall be deemed to affect any order made under section 197. [12] [1] [2] [3] [4] [5] [7] [9] [11] [12]

(10) If, before the argument (if any) for the admission of an appeal begins, or, in the case of an appeal admitted, before the argument for the appellant begins, any party interested intimates to the Court that he intends to make an application under this section, the Court shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding [1] that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon.] 2[526A. [High Court to transfer for trial to itself in certain cases. Omitted by the Code of Criminal Procedure (Amdt.) Ordinance, 1969 (20 of 1969), S. 2 (w.e.f. 29-7-1969).

Annotations (19)
  • star_omission [7] case or appeal, or class of ↩
  • star_omission [8] cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; ↩
  • amendment [1] A.O., 1937, for “Govt.”. ↩
  • amendment [2] by the Adaptation of Central Laws and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. ↩
  • amendment [3] Ord. No. XXXVII of 2001, s. 74. (w.e.f. 14-08-2001). ↩
  • amendment [4] A.O., 1937, for “L.G.”. ↩
  • amendment [5] Act. No. XVIII of 1923, s. 144. 6 Ins. ibid. ↩
  • amendment [7] by Act No. XVIII of 1923, s. 145. ↩
  • amendment [8] ibid. (iii) that any particular ↩
  • star_omission [1] case or appeal be transferred to and tried before itself; or (iv) that an accused person be <sup>[2]</sup> for trial to itself or to a Court of Session. ↩
  • amendment [1] by Act No. XVIII of 1923, s. 145. ↩
  • amendment [2] the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. ↩
  • amendment [3] by A.O., 1949, Sch. ↩
  • annotation [4] figure and comma, “except as provided in section 267,” omitted by Ordinance XII of 1972, s. 2. and Sch. ↩
  • amendment [5] the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 145, for “convicted”. 6 Subs. ibid., for “the costs of the Prosecutor”. ↩
  • amendment [7] the Code of Criminal Procedure (Amdt.) Act, 1932 (21 of 1932), s.2 for “has power under this section to award by way of costs”. 8 Sub-section (6A) ins. by Act XVIII of 1923, s. 145. ↩
  • amendment [9] Act 21 of 1932, s.2 for “costs”. 10 Subs. ibid., for “any expenses reasonably incurred by such person in consequence of the application”. ↩
  • amendment [11] the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. For “two hundred and fifty rupees”. ↩
  • amendment [12] the Law Reforms (Amdt.) Act, 1976 (Act No. XXI of 1976), s. 2 and Sch. ↩

    • Permalink: http://laws.alianwaar.com/crpc/526

    ← 525 527 →