Code of Criminal Procedure, 1973

Section 236

Previous conviction

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⚡ Quick Answer Reference: Section 236 CrPC

Provision: Section 236 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section deals with the procedure for handling previous convictions in criminal cases. If an accused does not admit to a previous conviction, the judge can take evidence and record a finding after convicting the accused under sections 229 or 235.

Statutory Content

What does Section 236 of CrPC say?

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.

Indian StandardSection 236, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 236 (India)

Court Pleading StandardSection 236 of the Code of Criminal Procedure, 1973

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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 236 of CrPC mean?

Plain English Explanation

This section deals with the procedure for handling previous convictions in criminal cases. If an accused does not admit to a previous conviction, the judge can take evidence and record a finding after convicting the accused under sections 229 or 235.

Practical Interpretation

In practice, this section ensures that previous convictions are properly considered in sentencing, while protecting the accused from unfair prejudice during the trial. The judge can only consider previous convictions after the accused has been convicted of the current offense.

Core Legal Purpose

The core purpose of this section is to establish a fair and efficient procedure for handling previous convictions in criminal cases, balancing the need for accurate sentencing with the protection of the accused's rights.

Key Legal Elements

•The accused must be charged with a previous conviction under section 211(7).
•The accused does not admit to the previous conviction.
•The judge must convict the accused under section 229 or 235 before considering the previous conviction.
•The previous conviction cannot be referred to during the trial until the accused has been convicted.

Practical Example

Practical Example of Section 236 CrPC

Rajesh is accused of theft and is also charged with a previous conviction for burglary. Rajesh denies the previous conviction. The judge convicts Rajesh of theft under section 235 and then takes evidence and records a finding on the previous conviction. This ensures that the previous conviction is only considered after Rajesh has been convicted of the current offense.

Common Questions (FAQ)

Frequently Asked Questions about Section 236 CrPC

Q: What is the punishment or consequence under Section 236 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to accused individuals in criminal cases, regardless of whether they are private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to bailable or cognizable offenses.

Common Questions about Section 236 CrPC

What is Section 236 of CrPC?

Section 236 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Previous conviction". In plain terms: This section deals with the procedure for handling previous convictions in criminal cases. If an accused does not admit to a previous conviction, the judge can take evidence and record a finding after convicting the accused under sections 229 or 235.

What is the punishment under Section 236 of CrPC?

Section 236 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 236 of CrPC bailable or non-bailable?

Whether Section 236 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 236 of CrPC?

The essential elements of Section 236 of CrPC are: The accused must be charged with a previous conviction under section 211(7).; The accused does not admit to the previous conviction.; The judge must convict the accused under section 229 or 235 before considering the previous conviction..

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