Bharatiya Nagarik Suraksha Sanhita

Section 363

Trial of persons previously convicted of offences against coinage, stamp-law or

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⚡ Quick Answer Reference: Section 363 BNSS

Provision: Section 363 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Jurisdiction: India
Summary: This section explains how to try people who have been convicted of crimes related to the coinage, stamp law, or property before. It says that if someone has been convicted of such a crime, they can be tried again for a similar crime.

Statutory Content

What does Section 363 of BNSS say?

property.—(1) Where a person, having been convicted of an offence punishable under Chapter X or

Indian StandardSection 363, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 363 (India)

Court Pleading StandardSection 363 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 363 of BNSS mean?

Plain English Explanation

This section explains how to try people who have been convicted of crimes related to the coinage, stamp law, or property before. It says that if someone has been convicted of such a crime, they can be tried again for a similar crime.

Practical Interpretation

In practical terms, this section means that if a person has a previous conviction for a crime related to coinage, stamp law, or property, they can be tried again for a similar crime. This section does not specify the punishment or procedure for the new trial.

Core Legal Purpose

The core purpose of this section is to provide a procedural framework for trying individuals who have a history of committing crimes related to coinage, stamp law, or property.

Key Legal Elements

•The person must have been previously convicted of an offence punishable under Chapter X or Chapter XI.
•The new offence must be punishable under Chapter X or Chapter XI.
•There is no specific legal test or threshold standard mentioned in this section.
•There is no key exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 363 BNSS

Rajesh was previously convicted of counterfeiting currency under Chapter X of the BNSS. Now, he is accused of another offence related to counterfeiting currency. Under Section 363, Rajesh can be tried again for the new offence because he has a previous conviction for a similar crime.

Common Questions (FAQ)

Frequently Asked Questions about Section 363 BNSS

Q: What is the punishment or consequence under Section 363 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The punishment for the new offence will be determined by the relevant provisions of Chapter X or Chapter XI.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities who have been previously convicted of offences related to coinage, stamp law, or property.

Q: Is an offence under this section bailable or cognizable?

This section does not specify whether the offence is bailable or cognizable. The classification of the offence will depend on the specific provisions of Chapter X or Chapter XI.

Common Questions about Section 363 BNSS

What is Section 363 of BNSS?

Section 363 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Trial of persons previously convicted of offences against coinage, stamp-law or". In plain terms: This section explains how to try people who have been convicted of crimes related to the coinage, stamp law, or property before. It says that if someone has been convicted of such a crime, they can be tried again for a similar crime.

What is the punishment under Section 363 of BNSS?

Section 363 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 363 of BNSS bailable or non-bailable?

Whether Section 363 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 363 of BNSS?

The essential elements of Section 363 of BNSS are: The person must have been previously convicted of an offence punishable under Chapter X or Chapter XI.; The new offence must be punishable under Chapter X or Chapter XI.; There is no specific legal test or threshold standard mentioned in this section..

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