Code
(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 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 239 or section 245, as the case may be.
Explanation
This section dictates that if an individual is charged with an offense related to:
- Chapters VIII, X, XI, XII, XIV, XV, or XVI of the Indian Penal Code (dealing with offences against the State, public tranquility, religion, human body, property, marriage, etc.)
- Coinage laws
- Stamp laws
- Government property
and they have a previous conviction for an offense under any of these aforementioned chapters or laws, they will be tried by the Court of Session. This applies even if the current offense would ordinarily fall under the jurisdiction of a Magistrate.
Illustration
Imagine a person who was previously convicted of counterfeiting currency (an offense under Chapter XII of the Indian Penal Code). They are now accused of stealing government property. Even though the theft charge might typically be handled by a Magistrate, Section 324 mandates that the Court of Session will try this case due to their prior conviction.
Common Questions and Answers
Q: What is the rationale behind this provision?
A: It aims to ensure that individuals with a history of committing serious offenses, particularly related to the state or its property, are subject to a more rigorous trial process.
Q: Does this mean a person cannot be tried by a Magistrate if they have a prior conviction?
A: No, it only applies to the specific offenses mentioned in Section 324.
Q: What happens if the accused is found guilty in the Court of Session?
A: The Court of Session can impose a more severe sentence than a Magistrate.
