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Monday, May 9, 2011


There are various decision transferring criminal trials to the Complainant place, witness place and Accused Place depending on the facts and circumstances of each case. But it is important to understand the factors relevant while considering transfer application.

The Hon’ble Supreme Court in Nahar Singh Yadav V Union of India & Ors7, had provided broad factors which could be kept in mind while considering an application for transfer, they are:

(1)  When it appears that the state machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution;

(2) When there is material to show that the accused may influence the prosecution witness or cause physical harm to the Complainant.

(3) Comparative inconvenience and hardship likely to be caused to the accused, the complainant/ the prosecution and the witnesses, besides the burden to be borne by the State exchequer in making payment of travelling and other expenses of the official and non-official witnesses;

(4) A communally surcharged atmosphere, indicating some proof of inability of holding fair and impartial trial because of the accusations made and the nature of the crime committed by the accused; and

(5) Existence of some material from which it can be inferred that some persons are so hostile that they are interfering or are likely to interfere either directly or indirectly with the course of justice.

Prepared by: S. Hemanth