Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 -A Section 259: Previous conviction.
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.
Brefe Detail
Section 259 addresses the procedure regarding previous convictions in cases where the accused denies prior convictions. It allows the Judge to take evidence on alleged previous convictions only after the accused has been convicted under specific sections.
Question & Answers
What happens if the accused does not admit to a previous conviction?
If the accused does not admit to the previous conviction, the Judge may take evidence regarding the alleged previous conviction after convicting the accused under section 252 or section 258.
Can the Judge read out the charge of previous conviction before the accused is convicted?
No, the Judge cannot read out the charge or ask the accused to plead until the accused has been convicted under section 252 or section 258.
What is the role of the Judge regarding evidence of previous convictions?
The Judge is responsible for taking evidence on the alleged previous conviction and recording a finding on it after the conviction of the accused.
Example
Case Scenario: If an individual is charged with a new offense and the prosecution claims he has a prior conviction that affects sentencing, the Judge cannot address the prior conviction until after the individual has been convicted of the current charge under section 252 or 258.
Summary
Section 259 outlines the protocol for addressing previous convictions during trials, stipulating that evidence regarding prior convictions can only be considered after a conviction on the current charges has been established. This protects the rights of the accused by preventing premature reference to previous convictions before the conclusion of the current trial.
