Mere Personal Inconvenience and Jurisdictional Challenges Are Insufficient Grounds for Transferring Criminal Proceedings Under BNSS

The petitioner, a woman engaged in the auto vehicle business in Bhilai, sought the transfer of Criminal Case No. 11555/2025 from the Judicial Magistrate First Class (JMFC), Ambikapur to the Chief Judicial Magistrate (CJM), Durg

The criminal case originated from an FIR (No. 0488/2025) registered under Sections 384 and 420 of the IPC following a complaint by Respondent No. 2 alleging non-payment for two cargo vehicles obtained in 2020

The petitioner argued for transfer on the grounds that no cause of action arose in Ambikapur and that, as a woman with family responsibilities, frequent travel to Ambikapur caused extreme hardship

Whether the grounds of lack of territorial jurisdiction and personal inconvenience of a female litigant are sufficient to warrant a transfer of criminal proceedings under the BNSS.

Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which empowers the High Court to transfer cases only when a fair and impartial trial cannot be held, a complex question of law arises, or transfer is expedient for the interest of justice or general convenience of all parties and witnesses

The Court followed the principle that the issue of territorial jurisdiction is a matter for the trial court

the established precedent that mere personal inconvenience, even for a female litigant, does not constitute a valid ground for transfer in the absence of exceptional circumstances or evidence of bias

The Court reasoned that the petitioner’s objection regarding the "cause of action" and territorial jurisdiction is a legal plea that must be raised before the trial court at the appropriate stage, rather than serving as a basis for transfer

Regarding the petitioner's gender and family responsibilities, the Court observed that "mere inconvenience" is insufficient under Section 447 BNSS

The Court found that the petitioner failed to demonstrate any "compelling or extraordinary circumstance" or provide material evidence suggesting that a fair trial was impossible in Ambikapur

Furthermore, the court noted there was no substantiated evidence regarding the general convenience of all parties or witnesses that would justify moving the case

The High Court dismissed the transfer petition, maintaining that the criminal proceedings shall continue before the JMFC, Ambikapur