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

Code of Criminal Procedure, 1973

Section 324 CrPC at a Glance

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

Now BNSS

Section 363 →

What Section 324 CrPC Says

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.

Source: Section 324, Code of Criminal Procedure, 1973

Section 324 CrPC in Simple Words

Section 324 of the Code of Criminal Procedure, 1973 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 XII or Chapter XVII of the Indian Penal Code 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 239 CrPC or Section 245 CrPC, as the case may be.

When Section 324 CrPC Applies

  • 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.
  • 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.
  • 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 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.
  • 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.

Example of Section 324 CrPC

Ramesh was earlier convicted of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years or upwards. Ramesh and Suresh 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 Ramesh has committed the offence, and is not of opinion that the Magistrate can pass an adequate sentence. Ramesh shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session. Under Section 324(2) CrPC, Suresh shall be similarly sent or committed, unless the Magistrate discharges Suresh under Section 239 CrPC or Section 245 CrPC, as the case may be.

When Section 324 CrPC Does Not Apply

  • Section 324(1) CrPC speaks of offences punishable under Chapter XII or Chapter XVII of the Indian Penal Code 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 324(1) CrPC 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 324(1) CrPC 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 324(2) CrPC speaks of another person whom the Magistrate has not discharged under Section 239 CrPC or Section 245 CrPC. It does not deal with a person discharged under those sections.

Section 324 CrPC Under BNSS 363: What Changed

Section 324 CrPC is now covered under Section 363 BNSS.

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 detailed comparison (CrPC 324 vs BNSS 363) →

FAQs on Section 324 CrPC

When is a previously convicted person sent for trial or committed under Section 324 CrPC?▼

Under Section 324(1) of the Code of Criminal Procedure, 1973, 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 XII or Chapter XVII of the Indian Penal Code 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 324 CrPC?▼

Section 324(1) of the Code of Criminal Procedure, 1973 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 324 CrPC?▼

Section 324(2) of the Code of Criminal Procedure, 1973 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 239 CrPC or Section 245 CrPC, as the case may be.

Where is Section 324 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 324(1) CrPC and Section 324(2) CrPC map to Section 363(1) BNSS and Section 363(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·