BNSS §363
should be committed. Trial of persons previously convicted of
Jump to section
Comparison
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.
363.
(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.
What changedAI-inferred
Trial of persons previously convicted of offences against coinage, stamp-law or property.
Old position
CrPC 324 is concerned with Trial of persons previously convicted of offences against coinage, stamp-law or property. Trial of persons previously convicted of offences against coinage, stamp-law or property
New position
BNSS 363 preserves the framework with drafting modernisations as required by the new code. Topic: should be committed. Trial of persons previously convicted of. 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
BNSS 363 (should be committed. Trial of persons previously convicted of) preserves the framework of CrPC 324. BNSS 363 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 363 text: Where a person,...
Editorial deltaAI-indicated (source-linked)
BNSS 363 (should be committed. Trial of persons previously convicted of) preserves the framework of CrPC 324. BNSS 363 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 363 text: 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,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 324 continues to apply. For matters from that date forward, BNSS 363 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 363 (should be committed. Trial of persons previously convicted of). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §324 → BNSS §363 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/363.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.