Previous conviction
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Summary
When an accused is charged with a past conviction under section 234(7) and denies it, the judge must not mention, read out, or ask about that previous conviction before deciding the present charge. Only after the accused has been convicted under section 252 or 258 may the judge take evidence about the alleged earlier conviction and record a finding.
Example
Priya, a shopkeeper, is charged with theft and the charge sheet also alleges a previous conviction, which she denies. The judge will first try the present offence and, if Priya is convicted under section 252 or 258, then take evidence about the earlier conviction and record a finding. Until that conviction, the earlier conviction cannot be mentioned in court.
Bare Act
Enacted textIn 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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