Legal Provisions of Section 408 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Like the High Court under Section 407, the Court of Session may also exercise the power to transfer cases under this section either suo motu or on the report of the lower Court or on an application of a party concerned when it deems it expedient to do so in the interest of justice and fair play. However, the power under this section should be judicially and carefully exercised by the Sessions Court.
ADVERTISEMENTS:
The provisions contained in sub-sections (3) to (7) and (9) of Section 407 shall be applicable to applications for transfer of cases made to the Court of Session with the only difference that the maximum compensation awarded for frivolous or vexatious application for transfer will not exceed Rs. 250/- instead of Rs. 1,000/- as provided in sub-section (7) of Section 407.
Under this section (i.e., Section 408), a Sessions Judge cannot transfer a case which is before a Sub-Divisional Executive Magistrate or pass any interim order in this regard. Such power has been vested in the District Magistrate under Section 411 (infra) of the Code.
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When the Sessions Judge transfers a case under this section, he has to record reasons for making an order of such transfer as required by Section 412, Cr.P.C.