BNSS § 259 · Bharatiya Nagarik Suraksha Sanhita, 2023

Section 259 BNSS — Previous conviction

Replaces CrPC 236 of the Code of Criminal Procedure, 1973. In force since 1 July 2024.

The text

In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

Convert an old section number to the new code