Section 324 CrPC: Trial of Previously Convicted Offenders (Coinage, Stamp Law, Property)
This section pertains to the trial of individuals who have previously been convicted of certain offenses related to coinage, stamp law, and property.
1. Code
Section 324 CrPC: “Where a person is accused of any offense punishable under Chapter VIII, X, XI, XII, XIV, XV or XVI of the Indian Penal Code, or any offense punishable under any law relating to coinage, stamps or the property of the Government, and has been previously convicted of any offense punishable under any of the said Chapters or laws, such person shall be tried by the Court of Session, notwithstanding that the offense of which he is accused is within the jurisdiction of a Magistrate.”
2. 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.
3. 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.
4. 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.
