Trial of persons previously convicted of offences against coinage, stamp law or property
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Summary
When a person previously convicted of a serious coin, stamp or property offence (three years or more) is again accused of a similar serious offence, and the magistrate finds grounds to presume guilt, the case must be sent to the Chief Judicial Magistrate or committed to the Sessions Court. The local magistrate may only try the case if he is competent and believes he can pass an adequate sentence. Any co-accused in the same inquiry must be sent or committed too unless lawfully discharged.
Example
Ravi, a shopkeeper, was earlier convicted for forging revenue stamps and given three years. He is now accused of another similar forgery punishable with three years. Finding grounds to presume guilt, the magistrate must send Ravi to the Chief Judicial Magistrate or commit the case to the Sessions Court; any co-accused go too.
Bare Act
Enacted text(1) Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) 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 and 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 239 or section 245, as the case may be.
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