Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Why this exists
This protects an accused from being unfairly prejudiced by the jury or judge learning about a past criminal record before guilt on the current charge is decided - knowledge of a prior conviction could bias a fair assessment of present evidence. Previous convictions typically matter for enhanced sentencing, so the law walls off that information until after the current guilt is settled. It mirrors section 236 of the earlier Code of Criminal Procedure.
Common misconceptions
- Myth: A person's criminal record can be used to help prove they committed a new crime.
Fact: The law specifically hides a prior conviction from the trial on a fresh charge, and it can only be considered after guilt on the new charge is already decided.