CrPC 324→BNSS 363

CrPC 324 to BNSS 363: Trial of persons previously convicted of offences against coinage, stamp-law or property

Section 324 CrPC (1973) replaced by Section 363 BNSS (2023)

View CrPC Section 324 →View BNSS Section 363 →

CrPC 324 to BNSS 363 at a Glance

Section 324 CrPC (Trial of persons previously convicted of offences against coinage, stamp-law or property) is now Section 363 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 324 to BNSS 363?

From 1 July 2024, Section 363 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 324 of the Code of Criminal Procedure, 1973. The heading is the same. Section 363(1) BNSS reads Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 where Section 324(1) CrPC read Chapter XII or Chapter XVII of the Indian Penal Code. Section 363(2) BNSS reads Section 262 BNSS or Section 268 BNSS where Section 324(2) CrPC read Section 239 CrPC or Section 245 CrPC. The rest of the text is the same.

CrPC 324 vs BNSS 363: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section324363
HeadingTrial of persons previously convicted of offences against coinage, stamp-law or propertySame
Sub-sections2 sub-sectionsSame
Cross-referencess.239s.262

CrPC 324 and BNSS 363: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 324, CrPC 1973

324. Trial of persons previously convicted of offences against coinage, stamp-law or property.—(1) Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860), 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 239 or section 245, as the case may be.
BNSS 2023 (in force)

Section 363, BNSS 2023

363. Trial of persons previously convicted of offences against coinage, stamp-law or property.—(1) Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 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.

When It Applies: CrPC 324 vs BNSS 363

Under CrPC 324
  1. Section 324(1) CrPC applies to a person who has been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code, with imprisonment for a term of three years or upwards.
  2. Section 324(1) CrPC applies where that person is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards.
  3. Where the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, the person shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session.
  4. Section 324(1) CrPC makes an exception where 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.
  5. Under Section 324(2) CrPC, when a person is sent or committed under Section 324(1) CrPC, any other person accused jointly with that person in the same inquiry or trial shall be similarly sent or committed.
Under BNSS 363
  1. Section 363(1) BNSS applies to a person who has been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for a term of three years or upwards.
  2. Section 363(1) BNSS applies where that person is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards.
  3. Where the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, the person shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session.
  4. Section 363(1) BNSS makes an exception where 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.
  5. Under Section 363(2) BNSS, when a person is sent or committed under Section 363(1) BNSS, any other person accused jointly with that person in the same inquiry or trial shall be similarly sent or committed.

What CrPC 324 to BNSS 363 Means in Practice

From 1 July 2024, the provision in Section 324 CrPC is found in Section 363 BNSS. The differences in the text are the penal statute and Chapter cited in Section 363(1) BNSS and the section numbers cited in Section 363(2) BNSS.

FAQs: CrPC 324 to BNSS 363

Which Chapters does Section 363(1) BNSS cite?▼

Section 363(1) BNSS cites Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 where Section 324(1) CrPC cited Chapter XII or Chapter XVII of the Indian Penal Code.

Which sections does Section 363(2) BNSS cite for discharge?▼

Section 363(2) BNSS cites Section 262 BNSS or Section 268 BNSS where Section 324(2) CrPC cited Section 239 CrPC or Section 245 CrPC.

Where is Section 324 CrPC found in the BNSS?▼

Section 324(1) CrPC and Section 324(2) CrPC map to Section 363(1) BNSS and Section 363(2) BNSS. No sub-section of Section 363 BNSS comes from another CrPC section.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·