363. (1) Where a person, having been convicted of an offence punishable under Chapter X 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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 361 Procedure in cases which Magistrate cannot dispose of
Section 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
Section 364 Procedure when Magistrate cannot pass sentence sufficiently severe
Section 367 Procedure in case of accused being person of unsound mind
Section 368 Procedure in case of person of unsound mind tried before Court
Section 369 Release of person of unsound mind pending investigation or trial