Supreme Court Issues Latest 2025 Guidelines for Transfer of Criminal Trials and Appeals

The Supreme Court of India has laid down crucial guidelines for the transfer of criminal trials and appeals under Section 446 of the Bharatiya Nagrik Suraksha Sanhita (BNSS). In the landmark case of Shri Sendhur Agro & Oil Industries v Kotak Mahindra, the Court emphasized that the power to transfer trials must be exercised cautiously and only in exceptional circumstances to ensure the credibility of the trial. This judgment provides clarity on the factors courts must consider while deciding transfer petitions.

Introduction

The Supreme Court has issued detailed guidelines for the transfer of criminal trials under Section 446 BNSS. In Shri Sendhur Agro & Oil Industries v Kotak Mahindra, the Court emphasized that transfers are allowed only in exceptional cases to ensure fair trials. Learn about the key factors and implications of this landmark judgment.

Case Background: Shri Sendhur Agro & Oil Industries v Kotak Mahindra (2025 SC)

The case involved a cheque bounce complaint under Section 138 of the Negotiable Instruments Act (NI Act). The petitioner, Shri Sendhur Agro & Oil Industries, sought the transfer of the trial from a court in Chandigarh to Coimbatore, arguing that all transactions between the parties occurred in Coimbatore. The respondent, Kotak Mahindra Bank, opposed the transfer, stating that the Chandigarh court had jurisdiction since the cheque was presented at their Chandigarh branch.

Supreme Court’s Observations and Guidelines for Transfer of Criminal Trials

The bench of Justices JB Pardiwala and R Mahadevan outlined an illustrative list of factors to be considered while deciding transfer petitions under Section 406 CrPC. The Court cautioned that transfers should be allowed only in exceptional situations to ensure a fair and impartial trial.

Key Factors for Transfer of Criminal Trials

1. State Machinery Acting Hand in Glove with Accused:
   • Transfers may be allowed if there is evidence that the prosecution is colluding with the accused, leading to a miscarriage of justice.
2. Influence or Threat to Witnesses:
   • If the accused is likely to influence witnesses or cause harm to the complainant, a transfer may be necessary.
3. Comparative Inconvenience and Hardships:
   • Courts must consider the inconvenience caused to the accused, complainant, witnesses, and the State exchequer.
4. Communally Surcharged Atmosphere:
   • A transfer may be justified if the local atmosphere is hostile, making a fair trial impossible.
5. Hostility Interfering with Justice:
   • If there is evidence of interference with the course of justice, a transfer may be ordered.

Legal Implications of the Judgment

The judgment has significant implications for the criminal justice system in India:

1. Judicial Discretion in Transfer Petitions

• The Court emphasized that transfers under Section 406 CrPC must be guided by the ends of justice and not merely the convenience of the parties.

2. Jurisdiction in Cheque Bounce Cases

• The Court clarified that in cheque bounce cases under Section 138 NI Act, jurisdiction lies with the court where the payee’s bank account is located.

3. Balancing Interests of All Parties

• The Court highlighted the need to balance the interests of the accused, complainant, and witnesses while deciding transfer petitions.

Challenges and Criticisms

While the judgment provides clarity, it also raises certain concerns:

1. Burden on Accused

• The accused may face difficulties in proving exceptional circumstances for a transfer.

2. Delay in Justice Delivery

• Frequent transfer petitions could lead to delays in the disposal of cases.

3. Limited Scope for Transfers

• The Court’s strict approach may limit the scope for transfers, even in genuine cases of hardship.

Conclusion and Key Takeaways

The Supreme Court’s judgment in Shri Sendhur Agro & Oil Industries v Kotak Mahindra reinforces the principle that transfers of criminal trials must be allowed only in exceptional circumstances to ensure a fair trial. The guidelines provide a clear framework for courts to decide transfer petitions while balancing the interests of all parties.

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FAQs Section

1. What is Section 406 CrPC?
   • Section 406 of the CrPC empowers the Supreme Court to transfer criminal cases from one court to another to ensure a fair trial.
2. When can a criminal trial be transferred?
   • A trial can be transferred only in exceptional circumstances, such as threats to witnesses, collusion between the prosecution and accused, or a hostile local atmosphere.
3. What did the Supreme Court rule in Shri Sendhur Agro & Oil Industries v Kotak Mahindra?
   • The Court ruled that transfers under Section 406 CrPC must be allowed cautiously and only in exceptional cases.
4. What is the jurisdiction in cheque bounce cases?
   • Jurisdiction lies with the court where the payee’s bank account is located.
5. Can inconvenience be a ground for transfer?
   • Mere inconvenience is not sufficient; there must be exceptional circumstances justifying the transfer.
6. What are the key factors for transferring a criminal trial?
   • Key factors include threats to witnesses, collusion between the prosecution and accused, and a hostile local atmosphere.

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