Vidhara

The Bharatiya Nagarik Suraksha Sanhita, 2023

§259Previous 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.

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Source & version

Official text: Gazette of India via MHA (official)

Official Gazette text: The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250884_2_english_01042024.pdf). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest gazette-bbox parser on 2026-07-14. Automated parse; structural validation + spot verification; full clause-level proofread pending.

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