34 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.446
Who may apply to the Supreme Court for a transfer under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- A.The Attorney-General of India or any party interested✓ correct
- B.Only the Attorney-General of India
- C.Any public servant in the State
- D.Only the Advocate-General of the State
Why: Section 446(2) states the Supreme Court may act only on the application of the Attorney‑General of India or of a party interested. Thus either the Attorney‑General or a party interested can apply.
Read Section 446 — Power of Supreme Court to transfer cases and appeals →Q2 · easy · BNSS S.446
Which of the following best describes the transfer powers given to the Supreme Court by Section 446?
- A.It may transfer only from one High Court to another High Court.
- B.It may direct transfer of any particular case or appeal from one High Court to another, or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.✓ correct
- C.It may transfer cases from the Supreme Court to any High Court.
- D.It may transfer only civil appeals between High Courts.
Why: Section 446(1) expressly permits transfer 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 other options are either narrower or outside the provision's wording.
Read Section 446 — Power of Supreme Court to transfer cases and appeals →Q3 · medium · BNSS S.446
Must an application under Section 446 be supported by affidavit or affirmation?
- A.Yes — an affidavit or affirmation is always required.
- B.No — affidavits are not required only when the applicant is the Attorney‑General of India.
- C.No — affidavits or affirmations are not required when the applicant is the Attorney‑General of India or the Advocate‑General of the State.✓ correct
- D.Yes — unless the Supreme Court orders otherwise after filing.
Why: Section 446(2) requires that every such application be made by motion and, except when the applicant is the Attorney‑General of India or the Advocate‑General of the State, be supported by affidavit or affirmation. Therefore both the Attorney‑General and the Advocate‑General are exceptions to the affidavit requirement.
Read Section 446 — Power of Supreme Court to transfer cases and appeals →Q4 · medium · BNSS S.446
If an application for transfer under Section 446 is dismissed and the Supreme Court considers it frivolous or vexatious, who may be ordered to pay compensation?
- A.The person who opposed the application
- B.The State Government
- C.The Supreme Court itself
- D.The applicant who made the dismissed application✓ correct
Why: Section 446(3) provides that where an application is dismissed and the Court is of opinion it was frivolous or vexatious, the Supreme Court may order the applicant to pay compensation to any person who opposed the application. Thus the applicant may be ordered to pay.
Read Section 446 — Power of Supreme Court to transfer cases and appeals →Q5 · hard · BNSS S.446
Can the Supreme Court, under Section 446, transfer a criminal case from a Criminal Court subordinate to one High Court directly to a High Court?
- A.No — transfers from a subordinate Criminal Court are to another Criminal Court subordinate to another High Court, not directly to a High Court.✓ correct
- B.Yes — it may transfer a subordinate criminal case directly to any High Court.
- C.Only if the Attorney‑General of India applies and the receiving High Court consents.
- D.Yes — but only to a High Court of equal or superior jurisdiction.
Why: Section 446(1) distinguishes two scenarios: transfers between High Courts, and transfers from a Criminal Court subordinate to one High Court to another Criminal Court subordinate to another High Court of equal or superior jurisdiction. It does not provide for transfer from a subordinate Criminal Court directly to a High Court.
Read Section 446 — Power of Supreme Court to transfer cases and appeals →29 more questions on Transfer Of Criminal Cases
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