Transfer Petition in Supreme Court: Civil and Criminal Cases
A transfer petition asks the Supreme Court of India to move a pending case from one court to another where the law permits and the interests of justice require it. Civil and criminal transfers arise under different statutes, and the proper forum depends on the courts involved.
Legal provisions at a glance
| Provision | Purpose and scope |
|---|---|
| Section 25 CPC | Transfer of a civil suit, appeal or other proceeding from a High Court or civil court in one state to a High Court or civil court in another state when expedient for the ends of justice. |
| Section 446 BNSS | Transfer of a criminal case or appeal from one High Court to another, or between criminal courts subordinate to different High Courts, subject to the prescribed jurisdictional conditions. |
| Former Section 406 CrPC | Predecessor provision for Supreme Court criminal transfers; remains relevant where the former Code governs by virtue of transitional savings. |
| Article 139A, Constitution | Separate constitutional power concerning withdrawal or transfer of certain cases involving substantial questions of general importance, subject to the Article's requirements. |
| Supreme Court Rules, 2013 | Order XLI covers civil transfer petitions under Section 25 CPC and Article 139A(2); Order XXXIX addresses criminal transfer petitions under the former Section 406 CrPC, subject to subsequent legal developments and Registry practice. |
Civil transfer petitions under Section 25 CPC
Meaning of Section 25: On an application by a party, after notice to the parties and hearing those who wish to be heard, the Supreme Court may transfer a suit, appeal or other proceeding between civil courts in different states if it considers the transfer expedient for the ends of justice. The transferee court must be competent to try or dispose of the proceeding.
Section 25 is commonly invoked in matrimonial and family disputes, although it is not confined to such matters. The Court may consider genuine travel hardship, financial resources, childcare, health, safety, availability of evidence, connected proceedings and overall fairness. A transfer is not automatic merely because a spouse requests it; the circumstances of both parties matter.
The original article highlighted matrimonial transfers sought by wives who had returned to their parental homes. Such applications remain common, but courts evaluate the facts individually, including possible alternatives such as travel expenses, video-conferencing where permissible, and consolidation of related proceedings.
Can parties seek divorce by mutual consent in a transfer proceeding?
Parties sometimes settle a matrimonial dispute while a transfer petition is pending. Any divorce or settlement order depends on the applicable matrimonial law and the Supreme Court's jurisdiction, including its exceptional powers under Article 142 where legally justified. A transfer petition does not, by itself, create an unrestricted right to obtain a decree of divorce directly from the Supreme Court.
Criminal transfer petitions under Section 446 BNSS
Meaning of Section 446: The Supreme Court may transfer a criminal case or appeal between High Courts, or between criminal courts of equal or superior jurisdiction subordinate to different High Courts, when such an order is expedient for the ends of justice. The application may be made by the Attorney-General of India or an interested party. Except for specified law officers, the application must be supported by an affidavit or affirmation.
Section 446 replaces the corresponding scheme in Section 406 CrPC for matters governed by the BNSS. The older provision remains important for interpreting judgments and proceedings saved under the applicable repeal and savings framework.
Frivolous applications: Under Section 446(3) BNSS, where an application is dismissed as frivolous or vexatious, the Supreme Court may direct appropriate compensation to a person opposing it. Unlike the former Section 406(3) CrPC, the new provision does not retain the earlier statutory ceiling of Rs. 1,000.
When can the Supreme Court order a transfer?
- Reasonable apprehension of an unfair trial: credible circumstances indicating that a fair and impartial hearing may not be possible.
- Threats or intimidation: substantiated safety concerns affecting a party, counsel or material witnesses.
- Interests of justice: compelling circumstances involving access to justice, efficient adjudication or the proper administration of justice.
- Connected cases: overlapping disputes where transfer may avoid conflicting decisions or unnecessary duplication, if legally permissible.
- Practical hardship: in civil and matrimonial cases, relevant hardship and comparative convenience, balanced against prejudice to others.
In criminal matters, the mere assertion that the local atmosphere is hostile or that another location is more convenient is ordinarily insufficient. The apprehension must be objectively reasonable and supported by material.
Important Supreme Court decisions
Maneka Sanjay Gandhi v. Rani Jethmalani, (1979) 4 SCC 167
The Court stressed that assurance of a fair trial is central to the exercise of criminal transfer jurisdiction. Ordinary inconvenience or subjective apprehension, without substantial grounds affecting public justice, will not normally justify transfer.
Abdul Nazar Madani v. State of Tamil Nadu, (2000) 6 SCC 204
The Court rejected a request to transfer criminal proceedings from Tamil Nadu to Kerala on the facts presented. It explained that apprehension of an unfair trial must be reasonable rather than imaginary. The convenience of the prosecution, accused persons and witnesses, together with the broader interests of society, is relevant.
Durgesh Sharma v. Jayshree, (2008) 9 SCC 648
For civil cases involving courts subordinate to different High Courts, the Supreme Court's power under Section 25 CPC is the relevant interstate transfer mechanism; the High Court cannot use its ordinary transfer powers to transfer a civil case to a court subordinate to another High Court.
How to file a transfer petition in the Supreme Court
- Identify the correct provision: Section 25 CPC for interstate civil proceedings; Section 446 BNSS or the applicable saved CrPC provision for criminal proceedings.
- Identify both courts: specify the current court, case number, parties, stage of proceedings and proposed transferee court.
- Set out specific grounds: explain why transfer is necessary for the ends of justice, supported by dates and verifiable facts.
- Prepare the petition and affidavit: comply with the relevant Supreme Court Rules, filing formats, annexure and verification requirements.
- Attach documents: relevant pleadings, orders, case-status details and evidence of threats, medical circumstances, financial hardship or related proceedings, as applicable.
- File through the applicable Supreme Court process: ordinarily through an Advocate-on-Record, subject to the Court's rules on appearance in person and electronic filing.
- Seek interim relief separately: if a stay of proceedings is necessary, request it expressly with reasons. Filing alone does not stop the pending case.
- Attend preliminary hearing: the Court may dismiss the petition or issue notice; after hearing, it may allow or refuse transfer and impose appropriate terms.
For procedural details, consult the Supreme Court Rules and amendments and the Supreme Court of India official website. Filing formats and current Registry directions should be checked before lodging papers.
Which court has jurisdiction?
| Situation | Ordinary statutory route |
|---|---|
| Civil cases in courts of different states | Supreme Court: Section 25 CPC |
| Civil cases within one state's subordinate judiciary | Relevant District Court or High Court under Section 24 CPC, depending on the case |
| Criminal cases under different High Courts | Supreme Court: Section 446 BNSS, subject to applicable transitional law |
| Criminal cases within the same High Court's jurisdiction | Ordinarily the High Court under Section 447 BNSS or the Sessions Judge under Section 448 BNSS, as appropriate |
Frequently asked questions
Can the Supreme Court transfer a civil case from one state to another?
Yes. Under Section 25 CPC, the Supreme Court may transfer a suit, appeal or other civil proceeding between competent courts in different states when expedient for the ends of justice.
Which provision governs criminal transfer petitions after 1 July 2024?
Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding current provision; Section 406 CrPC remains relevant to matters governed by the former Code under saving provisions.
Does filing a transfer petition automatically stay the case?
No. A stay or interim protection must be sought and granted by a competent court.
Is inconvenience alone enough for a criminal transfer?
Not ordinarily. The Court examines a reasonable apprehension concerning fair trial and the interests of justice, including the interests of witnesses, parties and society.
Official legal resources
- Supreme Court Rules, 2013 and subsequent amendments
- India Code: Code of Civil Procedure, 1908; Bharatiya Nagarik Suraksha Sanhita, 2023; and Constitution of India
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official government-hosted reference PDF
- Supreme Court of India: current practice directions and notices
Legal information updated 1 November 2026. The applicable procedural statute, savings provisions and current Registry directions should be verified for each case.