(a)a fair and impartial trial cannot be had in any State Court;
Section history
Section 239 — High Court’s power to transfer cases
As in force on 1 June 2016.
Timeline 5 versions
(1)Where in respect of any case it appears to the High Court that —
(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 High Court may order —
(i)that the case be transferred from a State Court to any other State Court of equal or superior jurisdiction; or
(ii)that the case be transferred to and tried before the High Court.
(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 IX, and the order may be granted at any time thereafter before the conclusion of the trial.
(3)The application for the transfer of a case shall be by way of a motion and Division 5 of Part XX shall apply, 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 High Court may, if it thinks fit, order him to execute a bond with or without sureties requiring him, if convicted, to pay the costs of the prosecution.