Criminal Transfer Petition Format in the Supreme Court of India
A practical guide and specimen for seeking transfer of a criminal case or maintenance proceeding from a court in one State to a competent court in another State.
Legal provisions governing criminal transfer petitions
Section 446 BNSS: Empowers the Supreme Court to direct transfer of a particular case or appeal from a High Court to another High Court, or from a criminal court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court, where expedient for the ends of justice. It is the successor provision to Section 406 CrPC. Applications are ordinarily made by motion supported by an affidavit or affirmation, subject to the statutory provisions and Court Rules.
Section 447 BNSS: Addresses the High Court's power to transfer criminal cases and appeals within its statutory jurisdiction; it broadly corresponds to Section 407 CrPC. It is not a substitute for Supreme Court transfer jurisdiction where courts are subordinate to different High Courts.
Section 144 BNSS: Provides for maintenance orders for wives, children and parents, broadly corresponding to Section 125 CrPC. Section 145 BNSS deals with procedure, including specified aspects of ex parte orders; Section 147 BNSS concerns enforcement of maintenance orders, broadly corresponding to Section 128 CrPC. The correct provision depends on the commencement and procedural history of the particular case.
Section 531 BNSS: Contains repeal and savings provisions relevant to proceedings already pending when the BNSS commenced. An older maintenance case may continue to be governed by saved CrPC procedure, so it is inappropriate to replace every historical CrPC citation mechanically.
Supreme Court Rules, 2013: The procedural rules governing transfer petitions, including Order XXXIX where applicable, should be read with subsequent amendments, practice directions, prescribed formats, court fees and filing requirements.
When can a criminal case be transferred?
A request may rely on a demonstrable threat to a fair trial, credible safety concerns, material witness accessibility, serious practical hardship, connected litigation, or another substantial circumstance affecting the ends of justice. Mere convenience, an adverse order, or an unsupported allegation of bias does not automatically justify transfer. In maintenance disputes, the age and health of the claimant, actual residence, travel constraints, location of parties and assets, and practical enforcement considerations may be relevant.
In the specimen below, the applicant is an elderly mother seeking transfer of maintenance proceedings involving her son. The allegations and locations are illustrative blanks to be completed only where supported by records. Whether a particular enforcement step requires transfer must be independently assessed; maintenance orders may have statutory mechanisms for enforcement without transferring the original case.
Specimen: Transfer Petition (Criminal) in the Supreme Court
Synopsis
The Petitioner, the mother of the Respondent, respectfully seeks transfer of Maintenance Case No. ____ of 20____ and connected proceedings from the Court of Judicial Magistrate, __________, State of __________, to a competent Court of Judicial Magistrate at __________, State of __________. The Petitioner submits that the transfer is necessary in the interests of justice because of her age, circumstances of residence, the hardship caused by travel, connected proceedings and the practical difficulties faced in pursuing the maintenance order.
The Petitioner states that following the death of her husband and a family property settlement, she executed a registered gift deed in favour of her children, including the Respondent. She alleges that she thereafter suffered ill-treatment and was compelled to reside with her daughters. A maintenance order was passed in her favour, but the Respondent allegedly failed to comply. Enforcement proceedings and an application challenging the ex parte order remain relevant to the requested transfer.
List of dates and events
| Date | Event |
|---|---|
| ____/____/20____ | Petitioner executed registered gift deed transferring her share of property to her children, including the Respondent. |
| ____/____/20____ | Following alleged harassment, Petitioner moved to __________ to live with her daughters. |
| ____/____/20____ | Petitioner filed Maintenance Case No. ____ of 20____ before the Judicial Magistrate at __________. |
| ____/____/20____ | Summons issued; the Respondent allegedly did not appear or accept service. |
| ____/____/20____ | Maintenance of Rs. ____ per month ordered with effect from __________. |
| ____/____/20____ | Petitioner filed enforcement/recovery application for arrears of Rs. ____. |
| ____/____/20____ | Magistrate issued enforcement warrant/order, subject to its terms. |
| ____/____/20____ | Respondent applied to set aside the ex parte order; Petitioner filed counter affidavit. |
| ____/____/20____ | Present transfer petition proposed. |
In the Supreme Court of India
Criminal Original Jurisdiction
Transfer Petition (Criminal) No. ____ of 20____
Under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 406 of the Code of Criminal Procedure, 1973, as applicable, read with the relevant Supreme Court Rules
In the matter of:
__________, Petitioner (Complainant/Applicant in the court below)
Versus
__________, Respondent (Opposite Party in the court below)
Petition seeking transfer of Maintenance Case No. ____ of 20____ and connected proceedings from the Court of Judicial Magistrate, __________, State of __________, to the Court of Judicial Magistrate, __________, State of __________.
To
The Hon'ble Chief Justice of India and the Hon'ble Companion Justices of the Supreme Court of India.
The humble petition of the Petitioner above named:
Most respectfully showeth:
- That the Petitioner seeks transfer of Maintenance Case No. ____ of 20____ and connected proceedings, presently pending before the Court of Judicial Magistrate, __________, to the competent Court at __________, in the interests of justice.
- That the Petitioner's late husband left movable and immovable assets including land at __________. Following his death, a family settlement was arrived at among the legal heirs in ____.
- That on ____ the Petitioner executed a registered gift deed transferring her share of property to her children, including the Respondent. A true copy of the gift deed is annexed as Annexure P-1.
- That the Petitioner alleges she was subjected to physical and mental harassment and consequently shifted to __________, where she resides with her daughters.
- That the Petitioner filed Maintenance Case No. ____ of 20____ before the Judicial Magistrate at __________ on ____. A copy is annexed as Annexure P-2.
- That summons was issued to the Respondent on ____, but he allegedly failed to appear. On ____, the learned Magistrate directed payment of Rs. ____ per month with effect from ____. The order is annexed as Annexure P-3.
- That the Respondent allegedly failed to comply with the maintenance order. The Petitioner filed enforcement proceedings on ____ claiming arrears of Rs. ____. A copy of the application is Annexure P-4.
- That an enforcement warrant/order dated ____ was issued by the Magistrate. A copy is Annexure P-5. The Petitioner states the present enforcement difficulties are __________.
- That the Respondent subsequently filed an application to set aside the ex parte maintenance order on ____. The Petitioner filed her reply on ____, annexed as Annexure P-6.
- That the Respondent resides at __________ and relevant connected proceedings are pending before __________. The Petitioner submits that the proposed transferee court is competent and transfer would not cause disproportionate prejudice to the Respondent.
- That no other petition seeking identical transfer relief has been filed before this Hon'ble Court, save as specifically disclosed here: __________.
Grounds
- Because the Petitioner's age, residence and documented hardship make continued attendance before the present court exceptionally burdensome.
- Because the Respondent's place of residence, connected litigation and material circumstances at __________ make the proposed transferee court a more appropriate forum for the effective conduct of proceedings.
- Because the Petitioner faces specific practical difficulties in pursuing enforcement of the maintenance order, as shown by the documents annexed, and transfer would materially advance the ends of justice.
- Because transfer would not cause undue prejudice to the Respondent, for the reasons set out above, and the balance of relevant circumstances supports the request.
Prayer
In the circumstances stated above, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:
- Transfer Maintenance Case No. ____ of 20____ and such connected proceedings as this Hon'ble Court considers appropriate, from the Court of Judicial Magistrate, __________, State of __________, to the competent Court of Judicial Magistrate, __________, State of __________; and
- Pass such other order or orders as this Hon'ble Court may deem fit and proper in the interests of justice.
Interim prayer, if required: Pending disposal of this petition, stay further proceedings in Maintenance Case No. ____ of 20____ to the extent necessary, subject to appropriate safeguards for subsisting maintenance rights.
And for this act of kindness, the Petitioner as in duty bound shall ever pray.
Filed by: __________
Advocate-on-Record for the Petitioner
Place: New Delhi
Date: __________
Verification and supporting affidavit: To be prepared, signed, affirmed and filed in the form required by the applicable Supreme Court Rules, accurately identifying matters within the deponent's personal knowledge and matters based on records or information.
Documents and filing checklist
Before filing, confirm jurisdiction and the applicable transitional provision, the exact case number and stage, names and addresses of parties, particulars of both courts, a complete and accurate chronology, the maintenance order, enforcement application and warrant, any application to set aside the ex parte order, relevant property documents, connected-case records, an affidavit, and the prescribed index and annexures. An Advocate-on-Record should check the current Supreme Court filing rules, court fees, service requirements and e-filing procedure.
Official legal sources
Consult the Supreme Court of India for the Supreme Court Rules, practice directions, case information and filing guidance; India Code for the official text of the BNSS, CrPC and other central legislation; and the Supreme Court e-filing portal for electronic filing services. Verify the current rules and any later amendments on the official portals before submission.