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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 363 BNSS at a Glance

Section 363 BNSS deals with trial of persons previously convicted of offences against coinage, stamp-law or property. It replaced Section 324 CrPC on 1 July 2024.

Was CrPC

Section 324 →

Section 363 BNSS Bare Act Text

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.

Source: Section 363, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 363 BNSS in Simple Words

Section 363 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the trial of persons previously convicted of offences against coinage, stamp-law or property. It applies where a person 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.

If 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, 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. Any other person accused jointly in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under Section 262 BNSS or Section 268 BNSS, as the case may be.

When Section 363 BNSS Applies

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.
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.
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.
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.
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.

Example of Section 363 BNSS

Vikram was earlier convicted of an offence punishable under Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years or upwards. Vikram and Manoj are later accused jointly before a Magistrate of an offence punishable under Chapter XVII with imprisonment for a term of three years or upwards. The Magistrate is satisfied that there is ground for presuming that Vikram has committed the offence, and is not of opinion that the Magistrate can pass an adequate sentence. Vikram shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session. Under Section 363(2) BNSS, Manoj shall be similarly sent or committed, unless the Magistrate discharges Manoj under Section 262 BNSS or Section 268 BNSS, as the case may be.

When Section 363 BNSS Does Not Apply

Section 363(1) BNSS speaks of offences punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years or upwards. It does not deal with a person whose earlier conviction or new accusation is outside those Chapters.
Section 363(1) BNSS speaks of a Magistrate who is satisfied that there is ground for presuming that the person has committed the offence. It does not deal with a case where the Magistrate is not so satisfied.
Section 363(1) BNSS speaks of a Magistrate who is competent to try the case and is of opinion that he can himself pass an adequate sentence. In that case the person need not be sent or committed.
Section 363(2) BNSS speaks of another person whom the Magistrate has not discharged under Section 262 BNSS or Section 268 BNSS. It does not deal with a person discharged under those sections.

Section 363 BNSS in the CrPC (Previous Law)

Section 363 BNSS replaces Section 324 CrPC from the old criminal code.

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.

View CrPC Section 324 →

FAQs on Section 363 BNSS

When is a previously convicted person sent for trial or committed under Section 363 BNSS?▼

Under Section 363(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session where the 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 is satisfied that there is ground for presuming that such person has committed the offence.

Can the Magistrate try the case instead of sending or committing the person under Section 363 BNSS?▼

Section 363(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says the person shall be sent or committed 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.

What happens to a person accused jointly with the previously convicted person under Section 363 BNSS?▼

Section 363(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that any other person accused jointly with the person sent or committed in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under Section 262 BNSS or Section 268 BNSS, as the case may be.

What changed from Section 324 CrPC to Section 363 BNSS from 1 July 2024?▼

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·