Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 259

BNSS 259: earlier CrPC 236

Section 259 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 236 of the Code of Criminal Procedure, 1973. BNSS 259 deals with previous conviction. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 259 was CrPC 236.

Previous conviction.

Carried over
96% of the old wording kept
Old · CrPC 1973 · Ch. XVIII
s. 236
Previous conviction
In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, 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 229 or section 235, 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 229 or section 235.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XIX
s. 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.
Text from India Code

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