Section 324 CrPC: Trial of Previously Convicted Persons - Section 363 BNSS
Section 324 of the Code of Criminal Procedure, 1973 governed the trial of persons previously convicted of specified serious offences involving coinage, stamp law or property. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 363.
Meaning and purpose of Section 324 CrPC
This section addresses the appropriate court for trying an accused person who has already been convicted of an offence punishable with imprisonment of three years or more under specified chapters, and is again accused of a qualifying offence. It is a rule concerning the forum of trial; a previous conviction does not by itself establish guilt in the new case.
Section 324(1) CrPC - Conditions for sending a case to a higher court
Under the original provision, the Magistrate considers whether all the following circumstances exist:
- The accused was previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code, 1860, with imprisonment for a term of three years or upwards.
- The accused is again charged with an offence under either of those chapters, likewise punishable with imprisonment for three years or upwards.
- The Magistrate is satisfied that there are grounds for presuming that the accused committed the new offence.
If these conditions are met, the Magistrate sends the accused for trial to the Chief Judicial Magistrate or commits the case to the Court of Session, unless the Magistrate is competent to try the case and considers that an adequate sentence can be passed if the accused is convicted.
Section 324(2) CrPC - Jointly accused persons
Where a person is sent to the Chief Judicial Magistrate or committed to the Court of Session under subsection (1), other persons jointly accused in the same inquiry or trial are ordinarily sent or committed with that person. An exception applies where such other accused is discharged under Section 239 or Section 245 CrPC, as applicable.
Section 363 BNSS, 2023 - Current corresponding law
Section 363 of the BNSS retains the basic procedural framework but updates the references to the newer criminal laws. In subsection (1), the qualifying offence chapters are Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023. In subsection (2), the relevant discharge provisions are Sections 262 and 268 BNSS.
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Principal provision | Section 324 | Section 363 |
| Offence chapters | IPC Chapters XII and XVII | BNS Chapters X and XVII |
| Threshold | Offences punishable with imprisonment of 3 years or more | Offences punishable with imprisonment of 3 years or more |
| Discharge of jointly accused persons | Sections 239 and 245 | Sections 262 and 268 |
How the Magistrate applies the provision
The Magistrate first examines the previous conviction, the nature and statutory punishment of the fresh allegation, and whether the material supports a presumption of commission of the new offence. The Magistrate then considers jurisdiction and sentencing competence. Where the statutory requirements are satisfied and the exception does not apply, the case proceeds before the Chief Judicial Magistrate or the Court of Session in accordance with the applicable procedural rules.
Illustration: An individual previously convicted of a qualifying property offence is subsequently accused of another qualifying property offence. If the statutory requirements are established and the Magistrate cannot adequately deal with the case, the case may be sent to the appropriate higher court. The new charge must still be proved independently at trial.
Frequently asked questions
Is Section 324 CrPC still applicable?
For new proceedings governed by the BNSS, the corresponding provision is Section 363. The BNSS repeal-and-savings rules must be considered for proceedings pending before 1 July 2024.
Does a previous conviction automatically result in committal?
No. The prescribed offence categories, punishment threshold, evidentiary basis and Magistrate's competence must be considered. The provision expressly allows a competent Magistrate to retain the case when an adequate sentence can be imposed.
What happens to other accused tried jointly?
They are generally sent or committed together, unless discharged under the applicable statutory discharge provision.
Official legal sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF)
- Bureau of Police Research and Development - BNSS reference text and CrPC comparison
- India Code - Central legislation database
This article is general legal information. Applicability to an individual proceeding depends on its facts, commencement date, transitional provisions and any subsequent statutory amendments.