(1) Where a person, having been convicted of an offence punishable under
Chapter XII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, 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 262 or section 268, as the case may be.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) Where a person, having been convicted of an offence punishable underChapter XII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for aterm of three years or upwards, is again accused of any offence punishable under either ofthose Chapters with imprisonment for a term of three years or upwards, and the Magistratebefore […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1944","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n