Power of General Division of High Court to transfer cases
239.—(1) Where in respect of any case it appears to the General Division of the High Court that —(a)
a fair and impartial trial cannot be had in any State Court;
(b)
some question of law of unusual difficulty is likely to arise; or
(c)
a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law,
the General Division of the High Court may order —
(d)
that the case be transferred from a State Court to any other State Court of equal or superior jurisdiction; or
(e)
that the case be transferred to and tried before the General Division of the High Court.[5/2014; 40/2019]
(2) An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre‑trial procedures in the State Courts in Part 9, and the order may be granted at any time thereafter before the conclusion of the trial.[5/2014]
(3) The application for the transfer of a case is to be by way of a motion and Division 5 of Part 20 applies, except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit.
(4) When an accused makes an application under this section for the transfer of a case, the General Division of the High Court may, if it thinks fit, order the accused to execute a bond with or without sureties requiring the accused, if convicted, to pay the costs of the prosecution.[40/2019]
—(1) Where in respect of any case it appears to the General Division of the High Court that —(a)
a fair and impartial trial cannot be had in any State Court;
(b)
some question of law of unusual difficulty is likely to arise; or
(c)
a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law,
the General Division of the High Court may order —
(d)
that the case be transferred from a State Court to any other State Court of equal or superior jurisdiction; or
(e)
that the case be transferred to and tried before the General Division of the High Court.[5/2014; 40/2019]
(2) An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre‑trial procedures in the State Courts in Part 9, and the order may be granted at any time thereafter before the conclusion of the trial.[5/2014]
(3) The application for the transfer of a case is to be by way of a motion and Division 5 of Part 20 applies, except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit.
(4) When an accused makes an application under this section for the transfer of a case, the General Division of the High Court may, if it thinks fit, order the accused to execute a bond with or without sureties requiring the accused, if convicted, to pay the costs of the prosecution.[40/2019]
Transfer of cases by other courts
240.—(1) In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court must stay proceedings and —(a)
transfer the case to a District Court; or
(b)
forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held.[19/2018; 40/2019]
(2) In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one that the District Court is not competent to try or one that in the opinion of the District Court ought to be tried by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court must —(a)
stay proceedings; and
(b)
forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held.[19/2018; 40/2019]
(2A) Where the case is forwarded to the Public Prosecutor under subsection (1)(b) or (2)(b), Division 5 of Part 10 applies in relation to the case.[19/2018]
(3) The Magistrate’s Court and the District Court must record its order on the proceedings made under subsections (1) and (2), respectively.
(4) The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, must not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor.
(5) If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court (as the case may be) and must record its order on the proceedings.
(6) If, in any trial before a Magistrate’s Court or District Court —(a)
the accused is charged with an offence under the Protection from Harassment Act 2014;
(b)
the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried; and
(c)
no further step has been taken in the proceedings relating to the offence under the Protection from Harassment Act 2014,
the Magistrate’s Court or District Court (as the case may be) must stay the proceedings and transfer the case, relating to that offence, to a Protection from Harassment Court (unless there is sufficient reason not to do so), and must record its order on the proceedings.
Explanation.—In determining whether there is sufficient reason not to stay the proceedings and transfer the case under section 240(6), the Magistrate’s Court or District Court may consider the following:
(a)
whether the accused is also charged with any offence under section 6 of the Protection from Harassment Act 2014 or any offence that is not an offence under that Act;
(b)
where the accused is charged with one or more other offences mentioned in paragraph (a), whether the maximum penalty for any of those offences is higher than the maximum penalty for any offence under the Protection from Harassment Act 2014 (other than under section 6 of that Act) that the accused is charged with;
(c)
whether any step has been taken against the accused, or a co‑accused, in any proceedings pending before a Magistrate’s Court or a District Court;
(d)
whether the pending proceedings mentioned in paragraph (c) relate to offences that arise from a series of acts that are so connected to the offence under the Protection from Harassment Act 2014 that the accused is charged with, as to form a single transaction;
(e)
whether the pending proceedings mentioned in paragraph (c) relate to offences that are of the same or a similar character as the offence under the Protection from Harassment Act 2014 that the accused is charged with;
(f)
whether no civil proceedings under the Protection from Harassment Act 2014, for a contravention involving the same underlying conduct have been, or are likely to be, brought before the Protection from Harassment Court.
[17/2019]
—(1) In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court must stay proceedings and —(a)
transfer the case to a District Court; or
(b)
forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held.[19/2018; 40/2019]
(2) In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one that the District Court is not competent to try or one that in the opinion of the District Court ought to be tried by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court must —(a)
stay proceedings; and
(b)
forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held.[19/2018; 40/2019]
(2A) Where the case is forwarded to the Public Prosecutor under subsection (1)(b) or (2)(b), Division 5 of Part 10 applies in relation to the case.[19/2018]
(3) The Magistrate’s Court and the District Court must record its order on the proceedings made under subsections (1) and (2), respectively.
(4) The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, must not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor.
(5) If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court (as the case may be) and must record its order on the proceedings.
(6) If, in any trial before a Magistrate’s Court or District Court —(a)
the accused is charged with an offence under the Protection from Harassment Act 2014;
(b)
the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried; and
(c)
no further step has been taken in the proceedings relating to the offence under the Protection from Harassment Act 2014,
the Magistrate’s Court or District Court (as the case may be) must stay the proceedings and transfer the case, relating to that offence, to a Protection from Harassment Court (unless there is sufficient reason not to do so), and must record its order on the proceedings.
Explanation.—In determining whether there is sufficient reason not to stay the proceedings and transfer the case under section 240(6), the Magistrate’s Court or District Court may consider the following:
(a)
whether the accused is also charged with any offence under section 6 of the Protection from Harassment Act 2014 or any offence that is not an offence under that Act;
(b)
where the accused is charged with one or more other offences mentioned in paragraph (a), whether the maximum penalty for any of those offences is higher than the maximum penalty for any offence under the Protection from Harassment Act 2014 (other than under section 6 of that Act) that the accused is charged with;
(c)
whether any step has been taken against the accused, or a co‑accused, in any proceedings pending before a Magistrate’s Court or a District Court;
(d)
whether the pending proceedings mentioned in paragraph (c) relate to offences that arise from a series of acts that are so connected to the offence under the Protection from Harassment Act 2014 that the accused is charged with, as to form a single transaction;
(e)
whether the pending proceedings mentioned in paragraph (c) relate to offences that are of the same or a similar character as the offence under the Protection from Harassment Act 2014 that the accused is charged with;
(f)
whether no civil proceedings under the Protection from Harassment Act 2014, for a contravention involving the same underlying conduct have been, or are likely to be, brought before the Protection from Harassment Court.
[17/2019]
