Transfer Petition: How to Transfer a Case to Another Court or State in India (CPC, BNSS and Supreme Court Rules)

A transfer petition is an application asking a court to move a pending case from one court to another. Which court can do it depends on how far the case has to move. A civil case is moved within a district by the District Court and between districts of the same State by the High Court (Section 24 of the Code of Civil Procedure, 1908); a civil case can be moved to another State only by the Supreme Court (Section 25 CPC). A criminal case is moved within a sessions division by the Sessions Judge, within a State by the High Court, and from one State to another by the Supreme Court (Sections 448, 447 and 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023, formerly Sections 408, 407 and 406 of the Code of Criminal Procedure, 1973).

In the Supreme Court and in criminal cases the application is made “by a motion” supported by an affidavit, and in the Supreme Court the transfer must be “expedient for the ends of justice”. There it follows Order XLI (civil) or Order XXXIX (criminal) of the Supreme Court Rules, 2013, with a court fee of ₹2,500 per matter, or ₹500 in matrimonial disputes. A police investigation is different: the Supreme Court has held that its transfer power covers “only cases and appeals (not investigation)”.

Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date. The Code of Civil Procedure, 1908 (as on 10 January 2026), the Bharatiya Nagarik Suraksha Sanhita, 2023 (as on 6 October 2025), the Hindu Marriage Act, 1955 (as on 15 April 2026), the Family Courts Act, 1984 and the Delhi Special Police Establishment Act, 1946 are quoted from India Code, the Constitution from the Legislative Department’s 2026 edition (as on 10 September 2026), the Supreme Court Rules, 2013 from the copy on the Supreme Court’s website, and the judgments from the Supreme Court’s official copies. First written by Advocate Kirti Sharma and Runjhun Sharma.

What is a transfer petition?

A transfer petition is a request to a higher court to take a case away from the court where it is pending and send it to another court, or to hear it itself. The CPC speaks of an “application”, Section 25 CPC and Section 446 BNSS of a “motion”, and the Supreme Court Rules, 2013 of a “petition”; the official Hindi texts use अन्तरण (transfer) and प्रत्याहरण (withdrawal).

A court can transfer a case between subordinate courts or withdraw it and try it itself. Courts can also act on their own: Section 24 CPC allows the High Court or District Court to act “of its own motion”, and Section 447(2) BNSS allows the High Court to act “on its own initiative” (see suo motu powers explained). A transfer petition does not decide who is right; it only decides where the case will be heard.

Which court decides a transfer petition?

The court depends on whether the case is civil or criminal and how far it has to move.

Where the case must go	Civil case (CPC)	Criminal case (BNSS)
Another court in the same district or sessions division	District Court, Section 24	Sessions Judge, Section 448 (formerly Section 408 CrPC); Chief Judicial Magistrate among his Magistrates, Section 450 (formerly Section 410)
Another district in the same State	High Court, Section 24	High Court, Section 447 (formerly Section 407 CrPC)
A court in another State	Supreme Court, Section 25; Article 139A(2) for High Court to High Court	Supreme Court, Section 446 (formerly Section 406 CrPC)
Suit that could have been filed in several courts	Defendant’s application under Sections 22 and 23	–
The higher court itself	High Court or District Court may withdraw and try it, Section 24(1)(b)	High Court, Section 447(1)(iv); Sessions Judge, Section 449

For a criminal case moving between two courts in the same sessions division, the High Court is not the first stop: “no application shall lie to the High Court 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” (proviso to Section 447(2) BNSS).

Transfer of civil cases under the CPC (Sections 22 to 25)

Section 22: where the suit could have been filed in more than one court

Section 22 gives the defendant a limited right to object to the plaintiff’s choice of court: “Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.”

Only a defendant can use Section 22, and he must apply early, at or before the settlement of issues; the choice is limited to the courts having jurisdiction. (On the plaintiff’s control of his suit, see dominus litis.)

Section 23: to which court the Section 22 application goes

Section 23 names the court. If the competent courts are subordinate to the same appellate court, the application goes to that appellate court; if they are under different appellate courts but the same High Court, to that High Court; and if they are under different High Courts, “to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate”.

Section 24: the general power of the High Court and District Court

Section 24 is the general provision for transfers inside a State. Under Section 24(1), “On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage” transfer a suit, appeal or other proceeding pending before it to “any Court subordinate to it and competent to try or dispose of the same”, or withdraw such a case from a subordinate court and try it, transfer it to another competent subordinate court, or send it back.

Unlike Section 22, either side may apply, at any stage. The courts of Additional and Assistant Judges “shall be deemed to be subordinate to the District Court”, and “proceeding” includes “a proceeding for the execution of a decree or order” (Section 24(3)); a case may even be transferred “from a Court which has no jurisdiction to try it” (Section 24(5)). A District Court can move a case only between courts subordinate to it, that is, within its district; between districts the application goes to the High Court. Section 24 does not list grounds; the court decides on the facts after hearing the parties.

Section 25: the Supreme Court’s power to transfer a case to another State

Only the Supreme Court can move a civil case from one State to another. Section 25 reads in full:

“(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State. (2) Every application under this section shall be made by a motion which shall be supported by an affidavit. (3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it. (4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case. (5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.”

The present Section 25 was substituted by the Code of Civil Procedure (Amendment) Act, 1976, with effect from 1 February 1977.

Article 139A of the Constitution

Article 139A(2) gives the Supreme Court a parallel power for High Court cases: it “may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.” Under Article 139A(1) it may withdraw to itself cases pending in two or more High Courts, or in the Supreme Court and a High Court, that raise the same questions of law where these are “substantial questions of general importance”. Article 228 similarly requires a High Court to withdraw a case from a subordinate court that involves a substantial question of law as to the interpretation of the Constitution.

Transfer of criminal cases under the BNSS (formerly the CrPC)

Chapter XXXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, “Transfer of Criminal Cases” (Sections 446 to 452), replaced Chapter XXXI of the Code of Criminal Procedure, 1973 (Sections 406 to 412) from 1 July 2024, with changes mainly to compensation (table below). Appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024 continue under the CrPC “as if this Sanhita had not come into force” (Section 531(2)(a) BNSS).

Section 446 BNSS (formerly Section 406 CrPC): Supreme Court, from one State to another

Section 446(1): “Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.”

The Court may act “only on the application of the Attorney-General of India or of a party interested”, made by motion “supported by affidavit or affirmation” (Section 446(2)). If the application is dismissed as “frivolous or vexatious”, the Court may order the applicant to pay compensation to the person who opposed it, “such sum as it may consider appropriate” (Section 446(3)); the old ceiling of one thousand rupees in Section 406(3) CrPC has gone.

Section 447 BNSS (formerly Section 407 CrPC): High Court, within the State

The High Court’s section is the only one that lists grounds. Under Section 447(1), the High Court may act whenever it is made to appear to it “(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 an order under this section is required by any provision of this Sanhita, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice”.

It may then transfer “any particular case or appeal, or class of cases or appeals” to another criminal court “of equal or superior jurisdiction”, commit a case to a Court of Session, or have a case “transferred to and tried before itself”. The procedure is in the same section:

• Who starts it: the lower court’s report, “the application of a party interested”, or the High Court’s “own initiative” (Section 447(2)).
• Form: a motion “supported by affidavit or affirmation”, except when the Advocate-General applies (Section 447(3)).
• Accused applicant: may be directed “to execute a bond or bail bond” for any compensation (Section 447(4)), and must give the Public Prosecutor “notice in writing of the application, together with a copy of the grounds on which it is made”, at least twenty-four hours before the hearing (Section 447(5)).
• Stay: the High Court may stay the subordinate court’s proceedings pending the application “if it is satisfied that it is necessary so to do in the interest of justice”, without affecting the power of remand under Section 346 (Section 447(6)).
• Compensation: for a frivolous or vexatious application, “such sum as it may consider proper” (Section 447(7)).

Section 448 BNSS (formerly Section 408 CrPC): Sessions Judge, within the sessions division

Section 448(1): “Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.” He may act on a report, an application or his own initiative (Section 448(2)), and the procedure of Section 447 applies, with compensation capped at ten thousand rupees (Section 448(3)).

Sections 449 to 452: withdrawal and recall by Sessions Judges and Magistrates

Within a district, cases are also moved between judges. A Sessions Judge may withdraw a case from, or recall a case made over to, a Chief Judicial Magistrate, and may recall a case made over to an Additional Sessions Judge “at any time before the trial of the case or the hearing of the appeal has commenced” (Section 449). A Chief Judicial Magistrate “may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him” (Section 450). Reasons must be recorded for these orders (Section 452).

BNSS section	Former CrPC section	Change noted in the firm’s comparison data
446 – Supreme Court	406	Ceiling of ₹1,000 on compensation removed
447 – High Court	407	“or bail bond” added and “with or without sureties” omitted in sub-section (4); ceiling of ₹1,000 on compensation removed
448 – Sessions Judge	408	Ceiling on compensation raised from ₹250 to ₹10,000
449 – Sessions Judge (withdrawal)	409	“any Assistant Sessions Judge or” omitted
450 – Judicial Magistrates	410	No change
451 – Executive Magistrates	411	No change
452 – Reasons to be recorded	412	No change

Any old section can be looked up in the firm’s IPC to BNS, CrPC to BNSS comparison tool.

Grounds for a transfer petition

The test used in Section 25 CPC, Article 139A(2) and Sections 446 and 448 BNSS (and one of the grounds in Section 447(1)(c)) is whether the transfer is “expedient for the ends of justice”; Sections 22 and 24 CPC state no such test. The statutes do not define it further, so the facts placed before the court on affidavit carry the petition. The only list of grounds is in Section 447(1) BNSS: that a fair and impartial inquiry or trial cannot be had, that a question of law of unusual difficulty is likely to arise, or that the transfer will tend to the general convenience of the parties or witnesses. Two situations are settled by statute: a defendant’s choice among courts that all have jurisdiction (Section 22 CPC), and competing divorce or judicial separation petitions in different district courts, where the later petition is transferred to the court of the earlier one (Section 21A, Hindu Marriage Act).

In Rhea Chakraborty v. State of Bihar (19 August 2020), the Supreme Court summarised its practice under Section 406 CrPC: “The precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court believed that the trial may be prejudiced and fair and impartial proceedings cannot be carried on, if the trial continues.”

Transfer petition in the Supreme Court: procedure under the Supreme Court Rules, 2013

The Supreme Court Rules, 2013 (G.S.R. 368(E) of 27 May 2014, in force from 19 August 2014) have a separate Order for each kind of transfer: Order XXXIX for criminal cases, Order XL for withdrawal under Article 139A(1), and Order XLI for civil cases under Section 25 CPC and Article 139A(2).

Civil and matrimonial cases: Order XLI

Order XLI, rule 1: “Every petition under article 139A(2) of the Constitution or section 25 of the Code of Civil Procedure, 1908, shall be in writing. It shall state succinctly and clearly all relevant facts and particulars of the case, the name of the High Court or other Civil Court in which the case is pending and the grounds on which the transfer is sought. The petition shall be supported by an affidavit.”

At a preliminary hearing, the Court dismisses the petition if no prima facie case for transfer is made out; otherwise it issues notice to the parties “to show cause why the case be not transferred” (rule 2). The notice must be served at least four weeks before the final hearing; affidavits in opposition are due one week before the hearing and the reply two days before it (rule 3), and the petition is then heard finally (rule 4).

Criminal cases: Order XXXIX

Order XXXIX still refers to “section 406 of the Code of Criminal Procedure, 1973” (none of the amendments listed on the Supreme Court’s website, nor G.S.R. 163(E) of 2025, changes this); under Section 8(1) of the General Clauses Act, 1897, a reference to a repealed and re-enacted provision is read as a reference to the new one, here Section 446 BNSS. Rule 1 requires that every petition “shall be in writing. It shall set out concisely in separate paragraphs the facts and particulars of the case, the relief sought and the grounds therefor and shall be supported by an affidavit or affirmation.”

After a preliminary hearing, the Court either dismisses the petition or issues notice to the accused (where he is not the applicant), the State and other interested parties (rule 2). The notice must be served at least twenty-one days before the final hearing; affidavits in opposition are due four days before the hearing and the reply by 2 p.m. on the preceding day (rule 3).

Court fee, advocate-on-record and who hears it

• Court fee: the Third Schedule, Part II, item 9 fixes ₹2,500 “per matter to be transferred” for transfer petitions other than those arising out of matrimonial disputes, and ₹500 per matter for transfer petitions arising out of matrimonial disputes. The Rules provide for collection in court-fee stamps, and no fee is charged for matters filed through the Supreme Court Legal Services Committee (Order VIII, rule 8). Neither the amendments listed on the Supreme Court’s website (up to June 2025) nor G.S.R. 163(E) of 7 March 2025 changes this entry.
• Advocate-on-record: “No advocate other than the Advocate-on-record for a party shall appear, plead and address the Court in a matter unless he is instructed by the advocate-on-record or permitted by the Court” (Order IV, rule 1(b)).
• Party in person: a party who wants to argue in person must “first file an application alongwith the petition seeking permission to appear and argue in person”; only if it is allowed can he argue the case himself (proviso to Order IV, rule 1(c)).
• Single Judge: since the Supreme Court (Amendment) Rules, 2019, transfer applications under Section 406 CrPC and urgent ones under Section 25 CPC “may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice” (proviso to Order VI, rule 1).

Transfer petition in the High Court or District Court

Within a State, Section 24 CPC requires only an application, notice to the other side and a hearing (no affidavit is prescribed); in criminal cases the BNSS requires a motion supported by affidavit or affirmation, notice to the Public Prosecutor when the accused applies, and allows a stay (Section 447(3), (5) and (6) BNSS, applied to Sessions Judges by Section 448(3)). Each High Court has its own rules on the form of applications, court fees and copies, which differ from State to State and should be checked before filing.

How to file a transfer petition: step by step

The steps follow the CPC, the BNSS and the Supreme Court Rules; forms and copies are governed by each court’s own rules.

Transfer of divorce and other matrimonial cases

Transfer petitions in divorce cases are often filed by wives asking that the husband’s case be moved to where they live; the Supreme Court in Santhini refers to its orders “allowing the transfer petitions filed by wives”. A petition under the Hindu Marriage Act may be filed in the district court where the marriage was solemnized, where the respondent resides, where the parties last resided together, or, “in case the wife is the petitioner, where she is residing on the date of presentation of the petition” (Section 19(iiia), inserted in 2003).

Where one spouse has petitioned for judicial separation or divorce and the other later files a petition for either relief in a different district court, “the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together” (Section 21A(2)(b), Hindu Marriage Act). The court that has power to transfer under the CPC exercises it for this purpose (Section 21A(3)). (On the idea of a matter pending elsewhere, see lis alibi pendens.)

The CPC applies to suits and proceedings before Family Courts (Sections 7(1) and 10(1), Family Courts Act, 1984), so a Family Court divorce case is moved to another State under Section 25 CPC. Maintenance proceedings under Chapter IX of the CrPC (Section 125 CrPC, now Section 144 BNSS) follow criminal procedure (Section 10(2)), so their transfer would ordinarily be sought under Sections 446 to 448 BNSS (formerly Sections 406 to 408 CrPC).

Santhini v. Vijaya Venketesh (2017): video conferencing and transfer petitions

In Santhini v. Vijaya Venketesh (Transfer Petition (Civil) No. 1278 of 2016, decided on 9 October 2017), a three-Judge Bench reconsidered an earlier two-Judge Bench decision, Krishna Veni Nagam v. Harish Nagam (2017). The majority judgment of Chief Justice Dipak Misra (for himself and Justice A.M. Khanwilkar) describes the earlier Bench as having noted “the approach of the Court to normally allow the transfer of the proceedings having regard to the convenience of the wife”, and an earlier case, Premlata Singh v. Rita Singh, “wherein this Court had not transferred the proceedings but directed the husband to pay for travelling, lodging and boarding expenses of the wife and/or person accompanying her for each hearing.”

Krishna Veni Nagam had suggested video conferencing as an alternative to transfer. The majority in Santhini held (paragraph 56) that matrimonial hearings “may have to be conducted in camera”; that “After the settlement fails”, the Family Court may allow video conferencing on a joint application or both parties’ consent, or direct it if it “will sub-serve the cause of justice”; that “In a transfer petition, video conferencing cannot be directed”; that the directions apply prospectively; and that Krishna Veni Nagam “is overruled to the aforesaid extent”. The transfer petitions were then sent back to be decided “on their own merits”. Justice D.Y. Chandrachud dissented. The practical result is that a matrimonial transfer petition is decided as a transfer petition, and hearing by video conferencing is for the Family Court to allow or direct after settlement fails. For the divorce process itself, see mutual consent divorce and matrimonial cases.

Transfer of FIR or investigation from one State to another

How an FIR can be moved depends on the stage. Before a charge-sheet reaches court there is usually no “case” to transfer, only an FIR and an investigation, while Sections 446 to 448 BNSS deal with cases and appeals pending in courts.

Zero FIR: reporting at any police station

Section 173(1) BNSS (formerly Section 154 CrPC) provides that “Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station”, and a copy “shall be given forthwith, free of cost, to the informant or the victim” (Section 173(2)).

The Act does not use the words “zero FIR” or say what happens next. The Bureau of Police Research and Development, Ministry of Home Affairs, has issued Standard Operating Procedures on Zero FIR and e-FIR, described as “only a suggestive guideline” for police forces, which state: “The officer forwards the Zero FIR to the police station having jurisdiction over the place of the incident” and “The concerned police station receives the Zero FIR and re-registers it as a regular FIR in their records.” If a police station refuses to record the information, the complainant may send it in writing by post to the Superintendent of Police, failing which an application lies to the Magistrate (Section 173(4)); see how to file a police complaint and FIR.

Investigations cannot be transferred under Section 406 CrPC (now Section 446 BNSS)

In Rhea Chakraborty v. State of Bihar (Transfer Petition (Crl.) No. 225 of 2020, judgment of Justice Hrishikesh Roy, 19 August 2020), the petitioner asked the Supreme Court, under Section 406 CrPC read with Order XXXIX of the Supreme Court Rules, to transfer an FIR registered in Patna to Mumbai. The Court relied on Ram Chander Singh Sagar v. State of Tamil Nadu (1978), which it quoted: Section 406 “does not clothe this Court with the power to transfer investigations from one police station to another in the country simply because the first information or a remand report is forwarded to a Court.” It concluded: “it must be concluded that only cases and appeals (not investigation) can be transferred.”

For a person summoned far away during investigation, the same passage points to the remedy: “it is for them to move that court for appropriate orders so that they may not be tormented by long travel or otherwise teased by judicial process.”

A police station investigates cognizable cases that a court with jurisdiction over its local area could try, and no proceeding of the officer “shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate” (Section 175(1) and (2) BNSS). In Rhea Chakraborty the Court held, on the allegations in that case, that the Patna police “were not required to transfer the FIR to Mumbai police” at the stage of investigation. Once a charge-sheet is filed and a court takes up the case, it can be the subject of a transfer petition under Sections 446 to 448 BNSS like any other.

Handing over an investigation to the CBI

The Central Bureau of Investigation works under the Delhi Special Police Establishment Act, 1946. Under Section 5(1), the Central Government “may by order extend to any area … in a State, not being a Union territory” the powers of the Delhi Special Police Establishment for notified offences. Section 6 adds: “Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, without the consent of the Government of that State.”

In Rhea Chakraborty the Supreme Court said: “The entrustment of investigation to the CBI is permitted either with consent of the concerned state or on orders of the constitutional court,” whose powers “are not fettered by the statutory restriction of the DSPE Act.” There the Bihar Government had consented, and the Court, invoking Article 142 of the Constitution, directed the CBI to investigate any new case registered on the same death as well. Writ petitions to High Courts under Article 226 are discussed in writ petitions.

Other points to keep in mind

Changing your lawyer is not a transfer. Moving a case “from one lawyer to another” is about the vakalatnama: under Order III, rule 4(2) CPC an advocate’s appointment stays in force until ended “with the leave of the Court by a writing signed by the client or the pleader” and filed in court (see FAQ below and lawyer and advocate: the difference).

Transfer is not a substitute for an appeal. An order is challenged by appeal, revision or review (see review, revision and appeal); a transfer petition only changes the forum.

केस ट्रांसफर कैसे होता है – हिंदी में सारांश (Summary in Hindi)

यह फर्म का सारांश है। उद्धरण-चिह्नों में दिए गए शब्द सिविल प्रक्रिया संहिता, 1908 और भारतीय नागरिक सुरक्षा संहिता, 2023 के इंडिया कोड पर उपलब्ध आधिकारिक हिंदी पाठ से लिए गए हैं।

किसी लंबित मुकदमे को एक न्यायालय से दूसरे न्यायालय में भेजने को कानून में “अन्तरण” कहा गया है, और ऊपर का न्यायालय किसी मुकदमे को अपने पास मंगा ले तो उसे “प्रत्याहरण” कहा गया है। सिविल मुकदमे में धारा 24 का शीर्षक है “अन्तरण और प्रत्याहरण की साधारण शक्ति”। इसके अनुसार किसी पक्षकार के आवेदन पर, दूसरे पक्षकारों को सूचना देने और सुनने के बाद, या “स्वप्रेरणा से”, उच्च न्यायालय या जिला न्यायालय किसी भी प्रक्रम में मुकदमे का अन्तरण कर सकता है। एक ही जिले के भीतर जिला न्यायालय और एक ही राज्य के अलग-अलग जिलों के बीच उच्च न्यायालय यह आदेश देता है।

एक राज्य से दूसरे राज्य में सिविल मुकदमा केवल उच्चतम न्यायालय भेज सकता है। (जहां वाद कई न्यायालयों में दायर हो सकता था, वहां प्रतिवादी धारा 22 के अधीन यथासंभव सर्वप्रथम अवसर पर आवेदन कर सकता है।) धारा 25 का शीर्षक है “वादों आदि के अंतरण करने की उच्चतम न्यायालय की शक्ति”। उच्चतम न्यायालय तब आदेश देता है जब उसका समाधान हो जाए कि “न्याय की प्राप्ति के लिए इस धारा के अधीन आदेश देना समीचीन है”। धारा 25(2) कहती है: “इस धारा के अधीन प्रत्येक आवेदन समावेदन के द्वारा किया जाएगा और उसके अनुसमर्थन में एक शपथपत्र होगा।” तुच्छ या तंग करने वाला आवेदन खारिज होने पर दो हजार रुपये तक प्रतिकर देना पड़ सकता है।

आपराधिक मामलों के लिए भारतीय नागरिक सुरक्षा संहिता का अध्याय 33 है: “आपराधिक मामलों का अन्तरण”। धारा 446 (पहले दंड प्रक्रिया संहिता की धारा 406) “मामलों और अपीलों को अन्तरित करने की उच्चतम न्यायालय की शक्ति” देती है, जिससे मामला एक राज्य से दूसरे राज्य में जा सकता है। धारा 447 (पहले धारा 407) उच्च न्यायालय की शक्ति है। उच्च न्यायालय तब आदेश दे सकता है जब उसके अधीनस्थ किसी दंड न्यायालय में “ऋजु और पक्षपातरहित जांच या विचारण नहीं हो सकेगा”, या कोई असाधारण कठिन विधिप्रश्न उठने की संभावना हो, या यह पक्षकारों या साक्षियों की सामान्य सुविधा के लिए हो, या न्याय के उद्देश्यों के लिए समीचीन हो। एक ही सेशन खंड के भीतर मामला बदलवाने के लिए पहले सेशन न्यायाधीश के पास आवेदन करना होता है (धारा 448, पहले धारा 408); वहां अस्वीकृत होने पर ही उच्च न्यायालय में आवेदन किया जा सकता है। आवेदन समावेदन द्वारा, शपथपत्र या प्रतिज्ञान के साथ किया जाता है, और अभियुक्त आवेदक को लोक अभियोजक को कम से कम चौबीस घंटे पहले लिखित सूचना देनी होती है।

उच्चतम न्यायालय में अन्तरण याचिका उच्चतम न्यायालय नियम, 2013 के अनुसार लिखित रूप में, मामले के तथ्यों, जिस न्यायालय में मामला लंबित है उसके नाम और अन्तरण के आधारों के साथ, शपथपत्र सहित दायर होती है। नियमों की तीसरी अनुसूची के अनुसार न्यायालय शुल्क प्रति मामला ₹2,500 है, और वैवाहिक विवादों से उत्पन्न याचिकाओं में प्रति मामला ₹500 है।

एफआईआर के बारे में: धारा 173(1) के अनुसार संज्ञेय अपराध की सूचना “उस क्षेत्र पर विचार किए बिना जहां अपराध किया गया है” किसी भी पुलिस थाने के भारसाधक अधिकारी को दी जा सकती है। इसे आम तौर पर ज़ीरो एफआईआर कहा जाता है; गृह मंत्रालय के पुलिस अनुसंधान एवं विकास ब्यूरो की मानक संचालन प्रक्रिया के अनुसार ऐसी एफआईआर उस थाने को भेजी जाती है जिसके क्षेत्र में घटना हुई। उच्चतम न्यायालय ने रिया चक्रवर्ती मामले (2020) में कहा कि धारा 406 के अधीन केवल मामले और अपीलें अन्तरित हो सकती हैं, अन्वेषण नहीं; सीबीआई जांच के लिए राज्य सरकार की सहमति या संवैधानिक न्यायालय का आदेश चाहिए।

तलाक के मामलों में हिंदू विवाह अधिनियम की धारा 19 पत्नी को वहां याचिका दायर करने की अनुमति देती है जहां वह याचिका दायर करते समय रहती है। उच्चतम न्यायालय ने संथिनी मामले (2017) में कहा कि अन्तरण याचिका में वीडियो कॉन्फ्रेंसिंग का निदेश नहीं दिया जा सकता; समझौते के प्रयास विफल होने के बाद परिवार न्यायालय इसकी अनुमति दे सकता है।

Frequently asked questions

Conclusion

Moving a case means choosing the right court and showing why the move is justified (in the Supreme Court, “expedient for the ends of justice”, on affidavit): the District Court or Sessions Judge within a district, the High Court within a State, and only the Supreme Court between States (Section 25 CPC; Section 446 BNSS, formerly Section 406 CrPC). An FIR can be lodged at any police station and forwarded, but an investigation cannot be moved by a transfer petition, and the CBI needs State consent or a constitutional court’s order.

Century Law Firm, Delhi, acts in transfer applications in civil, matrimonial and criminal matters in the Delhi courts, under Section 24 of the Code of Civil Procedure and Sections 447 and 448 of the Bharatiya Nagarik Suraksha Sanhita, and in the matrimonial and criminal cases from which such applications arise. To discuss a matter, see the firm’s practice areas page.

Sources used for this post: the Code of Civil Procedure, 1908, Sections 22 to 25 and Order III, rule 4 (India Code English text, a1908-05.pdf, as on 10 January 2026, and the official Hindi text h19085.pdf on India Code for Sections 22 to 25); the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 173, 175, 446 to 452 and 531 (India Code English text, as on 6 October 2025, and the official Hindi Gazette text 202346.pdf on India Code for Sections 173 and 446 to 448), with the CrPC equivalents and changes from the firm’s section-by-section data checked against the Gazette text; the Constitution of India, Articles 139A, 142 and 228 (Legislative Department, The Constitution of India 2026, as on 10 September 2026); the Supreme Court Rules, 2013 (G.S.R. 368(E), Gazette of India Extraordinary No. 2871 of 29 May 2014, as published on www.sci.gov.in), Order IV rule 1, Order VI rule 1, Order VIII rule 8, Orders XXXIX, XL and XLI and the Third Schedule, Part II, item 9, with the Supreme Court (Amendment) Rules, 2019 (G.S.R. 670(E) of 17 September 2019) and the later amendments listed on https://www.sci.gov.in/supreme-court-rules/ (16 July 2024, 5 November 2024, 21 April 2025 and 14 June 2025) and G.S.R. 163(E) of 7 March 2025 (Gazette of India, https://egazette.gov.in/WriteReadData/2025/261508.pdf); the General Clauses Act, 1897, Section 8 (India Code); the Hindu Marriage Act, 1955, Sections 19 and 21A (India Code, as on 15 April 2026); the Family Courts Act, 1984, Sections 7 and 10 (India Code, a1984-66.pdf); the Delhi Special Police Establishment Act, 1946, Sections 5 and 6 (India Code, a1946-25.pdf); Santhini v. Vijaya Venketesh, Transfer Petition (Civil) No. 1278 of 2016, Supreme Court, 9 October 2017, https://api.sci.gov.in/supremecourt/2016/27362/27362_2016_Judgement_09-Oct-2017.pdf; Rhea Chakraborty v. State of Bihar, Transfer Petition (Crl.) No. 225 of 2020, Supreme Court, 19 August 2020, https://api.sci.gov.in/supremecourt/2020/15928/15928_2020_36_1501_23473_Judgement_19-Aug-2020.pdf; Bureau of Police Research and Development, Ministry of Home Affairs, “SOPs regarding Zero FIR and e-FIR”, https://bprd.mha.gov.in/uploads/pdf/SOP_on_Zero_FIR%20&%20eFIR%20-%20NCL%202023.pdf (undated, read 23 October 2026).