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.
Bharatiya Nagarik Suraksha Sanhita
Section 259
Previous conviction
Englishहिंदी
⚡ Quick Answer Reference: Section 259 BNSS
- Provision: Section 259 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: If a person is accused of a crime and has a previous conviction, the judge can look into this after the person has been found guilty. The judge will then decide if the previous conviction is true. This information cannot be mentioned until the person has been found guilty.
Statutory Content
What does Section 259 of BNSS say?
Indian StandardSection 259, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 259 (India)
Court Pleading StandardSection 259 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/259
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 259 of BNSS mean?
Plain English Explanation
If a person is accused of a crime and has a previous conviction, the judge can look into this after the person has been found guilty. The judge will then decide if the previous conviction is true. This information cannot be mentioned until the person has been found guilty.
Practical Interpretation
In practice, this section means that the judge will first focus on the current case and only later consider the previous conviction. The prosecution cannot mention the previous conviction until the person has been found guilty.
Core Legal Purpose
The core purpose of this section is to ensure that the previous conviction is only considered after the person has been found guilty of the current crime. This helps to prevent the previous conviction from influencing the judge's decision in the current case.
Key Legal Elements
- •The accused has been previously convicted under the provisions of sub-section (7) of section 234.
- •The accused does not admit to the previous conviction.
- •The judge has convicted the accused under section 252 or section 258.
- •The previous conviction is not mentioned until the accused has been convicted under section 252 or section 258.
Practical Example
Practical Example of Section 259 BNSS
Rajesh is accused of theft under section 234 of BNSS. During the trial, it is revealed that Rajesh has a previous conviction for theft. However, Rajesh denies the previous conviction. The judge focuses on the current case and finds Rajesh guilty under section 252. Only then does the judge consider the previous conviction and record a finding. This ensures that the previous conviction does not influence the judge's decision in the current case.
Common Questions (FAQ)
Frequently Asked Questions about Section 259 BNSS
Q: What is the punishment or consequence under Section 259 of BNSS?
There is no specific punishment or consequence mentioned under section 259 of BNSS. The section only deals with the procedure for considering a previous conviction after the accused has been found guilty.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. The section does not make any distinction between the two.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with criminal classification. It is a procedural section that deals with the consideration of previous convictions in a trial.
People Also Ask (PAA)
Common Questions about Section 259 BNSS
What is Section 259 of BNSS?
Section 259 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Previous conviction". In plain terms: If a person is accused of a crime and has a previous conviction, the judge can look into this after the person has been found guilty. The judge will then decide if the previous conviction is true. This information cannot be mentioned until the person has been found guilty.
What is the punishment under Section 259 of BNSS?
Section 259 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 259 of BNSS bailable or non-bailable?
Whether Section 259 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 259 of BNSS?
The essential elements of Section 259 of BNSS are: The accused has been previously convicted under the provisions of sub-section (7) of section 234.; The accused does not admit to the previous conviction.; The judge has convicted the accused under section 252 or section 258..
Landmark Case Laws
Landmark Judgments under Section 259 BNSS
Patnahcucisdb94 High Court (10 8)
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