BNSS Section 363 — Trial of persons previously convicted of offences against coinage, stamp-law or property

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

If a person has already been convicted of a serious offence under certain chapters of the Bharatiya Nyaya Sanhita (involving coinage, stamp-law, or property) and is later accused of another similar serious offence, the Magistrate handling the case must send that person for trial to a higher court—either the Chief Judicial Magistrate or the Sessions Court. The Magistrate can only keep the case if they are legally allowed to try it and believe they can give a proper punishment if the person is found guilty. If the person is sent to a higher court, anyone else accused along with them in the same case must also be sent to that higher court, unless the Magistrate discharges that other person under the specified sections.

Official Text

(1) Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted.

(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or section 268, as the case may be.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §324 — Trial of persons previously convicted of offences against coinage, stamp-law or property