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BNSS · Section 363 · Chapter XXVI — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Trial of persons previously convicted of offences against coinage, stamp-law or property.

What this section does

Where a person previously convicted of an offence under Chapter X or Chapter XVII of the BNS 2023 (punishable with three years or more) is again accused of a similar offence, the Magistrate shall send the accused for trial to the CJM or commit to the Court of Session, unless the Magistrate is competent to try the case and can pass an adequate sentence. Any co-accused in the same inquiry or trial shall be similarly sent or committed, unless discharged under section 262 or 268.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Magistrate · Chief Judicial Magistrate · Court of Session · Accused
Time limit
None specified
Old-law correspondence

Derived from CrPC s.324.

Read the official text

For the binding statutory text of BNSS Section 363, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 363 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.