Chapter X - Adjudication and Food Safety Appellate Tribunal
Section 75
Section 75: Power to transfer cases to regular courts
A Special Court transfers a case if it concludes after cognizance that the offence is outside its jurisdiction.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where, after taking cognizance of any offence, a Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.
Key takeaways
Core rule
A Special Court transfers a case if it concludes after cognizance that the offence is outside its jurisdiction.
Practical check
Keep the Special Court’s jurisdiction finding and transfer order so the subsequent trial path is clear.
Scope and operation
The receiving court may proceed as if it had taken cognizance itself. The 2026 amendment updates the criminal-procedure reference.
Applying the section
Keep the Special Court’s jurisdiction finding and transfer order so the subsequent trial path is clear.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026