Law4u - Made in India

What Is BNSS Section 363?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 XII 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.

Brefe Detail

This section addresses the trial of individuals previously convicted of serious offences related to coinage, stamp-law, or property. If a person convicted of such offences faces new charges with similar penalties, the case may be escalated to a higher court if the presiding Magistrate finds sufficient grounds for presuming the individual’s guilt.

Question & Answers

Q: What happens if a person previously convicted of a serious offence faces new charges?

A: They may 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 can impose an adequate sentence.

Q: What must the Magistrate be satisfied of to escalate the case?

A: The Magistrate must find grounds for presuming that the accused has committed the offence.

Q: Are co-accused treated similarly in this process?

A: Yes, any other person accused jointly in the same inquiry or trial will be sent or committed similarly, unless discharged by the Magistrate.

Example

- Scenario: A person previously convicted of a serious property crime is charged again with a similar crime.

- Outcome: The case is escalated to the Chief Judicial Magistrate, and any co-accused in the same trial are treated accordingly.

Summary

Section 363 of the Bharatiya Nagarik Suraksha Sanhita outlines the procedure for trial when a person previously convicted of certain serious offences is again accused. It ensures that such cases are handled by higher courts if the presiding Magistrate finds sufficient grounds for presuming guilt, thus maintaining the seriousness of repeated offences against coinage, stamp-law, or property.

Our Verified Advocates

Get expert legal advice instantly.

Advocate MVR Prakash

Advocate MVR Prakash

Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Magdum Qureshi

Advocate Magdum Qureshi

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Family

Get Advice
Advocate Kunal Chakraborty

Advocate Kunal Chakraborty

Cheque Bounce, Consumer Court, Corporate, Criminal, Documentation, Family, Domestic Violence, Divorce, Medical Negligence, Wills Trusts, Banking & Finance, Breach of Contract, Civil, High Court, Landlord & Tenant, R.T.I, Startup, RERA, NCLT, Recovery

Get Advice
Advocate Shailesh Vishwakarma

Advocate Shailesh Vishwakarma

Criminal, Civil, Family, Revenue, Cheque Bounce

Get Advice
Advocate Shyam Vitthal Mahabare

Advocate Shyam Vitthal Mahabare

Anticipatory Bail, Cyber Crime, Domestic Violence, Family, Property, Divorce, Cheque Bounce, Civil

Get Advice
Advocate Ashok Anant Walwaikar

Advocate Ashok Anant Walwaikar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, RERA, Succession Certificate, Revenue

Get Advice
Advocate Mohd Jakir Hussain

Advocate Mohd Jakir Hussain

Property, R.T.I, Cheque Bounce, Court Marriage, High Court, Anticipatory Bail, Criminal, Divorce, Insurance, Muslim Law, Wills Trusts, Cyber Crime, Media and Entertainment, Motor Accident

Get Advice
Advocate Sharukh Khan

Advocate Sharukh Khan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Cyber Crime, Documentation, GST, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Insurance, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.