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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XLIV

OF THE TRANSFER OF CRIMINAL CASES

High Court Division may transfer case or itself try it
526.(1) Whenever it is made to appear to the High Court Division-
 
 
 
 
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
 
 
 
 
(b) that some question of law of unusual difficulty is likely to arise, or
 
 
 
 
(c) 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
 
 
 
 
(d) that an order under this section will tend to the general convenience of the parties or witnesses, or
 
 
 
 
(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code; it may order-
 
 
 
 
(i) that any offence be inquired into or tried by any Court not empowered under sections 177 to 1[183] (both inclusive), but in other respects competent to inquire into or try such offence;
 
 
 
 
(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
 
 
 
 
(iii) that any particular case or appeal be transferred to and tried before itself; or
 
 
 
 
(iv) that an accused person be 2[sent] for trial to itself or to a Court of Session.
 
 
(2) When the High Court Division withdraws for trial before itself any case from any Court it shall 3[* * *] observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.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 Division may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative 4[:
 
 
 
 
Provided that no application shall lie to the High Court Division for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.].
 
 
 
 
(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 5[Attorney-General], be supported by affidavit or affirmation.
 
 
 
 
(5) When an accused person makes an application under this section, the High Court Division may direct him to execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the High Court Division may under this section award by way of compensation to the person opposing the application.

  • 1
    The figure "183" was substituted, for the figure "184" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The word "sent" was substituted for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 3
    The commas, words and figure ", except as provided in section 267," were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 4
    The colon was substituted for the full stop at the end of sub-section (3) and thereafter the proviso was added by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 5
    The words "Attorney-General" were substituted, for the words "Advocate General" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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