(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.
Legal Commentary & Landmark Judgments: Section 363
Section 363 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 324 of the CrPC, 1973) regulates the trial of persons previously convicted of offences against coinage, stamp-law, or property, providing for enhanced sentencing or committal to Court of Session.
When prosecutors invoke Section 363 to commit property cases to Sessions, scrutinize whether the prior conviction was under the specific qualifying chapters and whether substantive appeals are still pending against the prior order.