Trial of persons previously convicted of offences against coinage, stamp-law or property
Section 363 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with trial of persons previously convicted of offences against coinage, stamp-law or property. Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 The Act came into force on 01 Jul 2024.
(1) Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 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.
Section 363, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 324 Trial of persons previously convicted of offences against coinage,stamp-law or property Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ajay @ Lucky vs State and Anr.
Decided under Code of Criminal Procedure 324, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The inherent powers of the court under Section 482 CrPC are independent of the compounding provisions under Section 320 CrPC. When parties to a criminal case have reached a compromise, the court can exercise its inherent powers under Section 482 CrPC ex debito justitiae to quash the criminal proceedings, even for offences that are not compoundable under Section 320 CrPC, provided the court is satisfied that justice requires such quashing.
On this section: Embargo on compounding certain offences. The trial court had cited this section as a reason for not compounding the Section 324 IPC charge.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 363
What have the courts held on Section 363 of the Bharatiya Nagarik Suraksha Sanhita?
Ajay @ Lucky vs State and Anr. (26 Oct 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 324, which this section replaced -- the court never mentioned this Act: Embargo on compounding certain offences. The trial court had cited this section as a reason for not compounding the Section 324 IPC charge.
How do I find court cases under Section 363 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 363, section 363 BNSS, section 363 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 363 section and bns 363 3 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ajay @ Lucky vs State and Anr. (26 Oct 2016).
What should I read with Section 363 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 262 (When accused shall be discharged), section 268 (When accused shall be discharged), so none of them can safely be read on its own. It carries forward CrPC 324 (Trial of persons previously convicted of offences against coinage,stamp-law or property), so the judgments decided under that provision are the case law on this one.
When did Section 363 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 363 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 363, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.