BNSS Section 363 – Habitual Offenders
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 363 (1) & (2)
Explanation:
This section deals with the procedure for dealing with habitual offenders, specifically those convicted of serious offenses under Chapters XII (Offences Against the Human Body) and XVII (Offences Against Property) of the Bharatiya Nyaya Sanhita, 2023.
Sub-section (1) states that if a person previously convicted of such an offense with a sentence of three years or more imprisonment is accused again of a similar offense carrying a minimum sentence of three years, the Magistrate must send them for trial to the Chief Judicial Magistrate or commit them to the Court of Session. This is done if the Magistrate believes there is sufficient evidence to suggest the person committed the new offense.
The Magistrate can only try the case themselves if they are competent to do so and believe they can impose a suitable sentence if the accused is convicted.
Sub-section (2) extends this procedure to anyone else accused jointly with the habitual offender in the same inquiry or trial. They will also be sent for trial or committed unless the Magistrate discharges them under specific sections (262 or 268) related to insufficient evidence or other legal grounds.
Illustration:
A person is convicted of robbery (Chapter XVII) and sentenced to five years imprisonment. Three years later, they are accused of causing grievous hurt (Chapter XII) with intent to kill. The Magistrate, considering the previous conviction and the nature of the new offense, decides there is sufficient ground to presume their involvement. The accused is sent for trial to the Chief Judicial Magistrate.
Common Questions and Answers:
- Q: What is the purpose of this section?
A: To ensure that habitual offenders of serious crimes face stringent procedures and potentially higher penalties, preventing them from repeatedly committing similar offenses. - Q: What happens if the Magistrate is not competent to try the case?
A: The accused will be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, depending on the seriousness of the offense and the specific legal requirements. - Q: Can anyone accused jointly with a habitual offender be discharged?
A: Yes, if the Magistrate finds insufficient evidence or other grounds for their involvement, they can be discharged under sections 262 or 268. - Q: How does this section differ from previous legal provisions?
A: The BNSS consolidated and streamlined various legal provisions related to criminal offenses, including this section. It aims to improve clarity and efficiency in the judicial process.
