Trial of persons previously convicted of offences against coinage, stamp-law or property
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Summary
A person previously convicted of a coinage, stamp-law or property offence with three years or more, who is again accused of a similar serious offence, must be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session when the Magistrate is satisfied there is ground to presume guilt. The Magistrate may keep the case only if he is competent to try it and believes he can pass an adequate sentence.
Example
Ravi was earlier convicted for a property offence and served four years. He is now accused of another property offence punishable by over three years. The local Magistrate finds grounds to presume his guilt and sends him for trial to the Chief Judicial Magistrate or commits him to the Court of Session. Meera, accused jointly with him, is also sent unless discharged.
Bare Act
Enacted text(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.
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