Previous conviction
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Summary
When the prosecution alleges a prior conviction and the accused denies it, the judge will decide on that prior conviction only after the accused has been convicted of the current offence. Until the accused is convicted, the court must not read the previous-conviction charge, ask the accused to plead to it, or allow the prosecution to refer to or prove it. After conviction, the judge may take evidence and record a finding on the prior conviction.
Example
Priya is charged with shop theft and the charge-sheet also alleges a prior conviction, which she denies. The court will not read that prior-conviction charge, ask her to plead to it, or let the prosecution refer to it until Priya is convicted of the present offence. If she is later convicted, the judge may then take evidence about the prior conviction and record a finding.
Bare Act
Enacted textIn 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.
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