CrPC 236→BNSS 259

CrPC 236 to BNSS 259: Previous conviction

Section 236 CrPC (1973) replaced by Section 259 BNSS (2023)

View CrPC Section 236 →View BNSS Section 259 →

CrPC 236 to BNSS 259 at a Glance

Section 236 CrPC (Previous conviction) is now Section 259 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 236 to BNSS 259?

From 1 July 2024, Section 236 of the Code of Criminal Procedure, 1973 is found in Section 259 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Previous conviction. Section 259 BNSS refers to Section 234(7) BNSS where Section 236 CrPC referred to Section 211(7) CrPC, and to Section 252 BNSS and Section 258 BNSS where Section 236 CrPC referred to Section 229 CrPC and Section 235 CrPC, in the main text and in the proviso. The rest of the text is the same.

CrPC 236 vs BNSS 259: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section236259
HeadingPrevious convictionSame
Cross-referencess.211, s.229s.234, s.252

CrPC 236 and BNSS 259: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 236, CrPC 1973

236. Previous conviction.—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.
BNSS 2023 (in force)

Section 259, BNSS 2023

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.

When It Applies: CrPC 236 vs BNSS 259

Under CrPC 236
  1. Section 236 CrPC applies in a case where a previous conviction is charged under Section 211(7) CrPC and the accused does not admit the previous conviction as alleged in the charge.
  2. The Judge may take evidence in respect of the alleged previous conviction after convicting the accused under Section 229 CrPC or Section 235 CrPC, and shall record a finding thereon.
Under BNSS 259
  1. Section 259 BNSS applies in a case where a previous conviction is charged under Section 234(7) BNSS and the accused does not admit the previous conviction as alleged in the charge.
  2. The Judge may take evidence in respect of the alleged previous conviction after convicting the accused under Section 252 BNSS or Section 258 BNSS, and shall record a finding thereon.

Time Limits: CrPC 236 to BNSS 259

Under CrPC 236
  • The charge shall not be read out by the Judge, the accused shall not be asked to plead to it, and the previous conviction shall not be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Section 229 CrPC or Section 235 CrPC.Act text: “unless and until the accused has been convicted under section 229 or section 235”
Under BNSS 259
  • The charge shall not be read out by the Judge, the accused shall not be asked to plead to it, and the previous conviction shall not be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Section 252 BNSS or Section 258 BNSS.Act text: “unless and until the accused has been convicted under section 252 or section 258”

What CrPC 236 to BNSS 259 Means in Practice

Section 259 BNSS speaks of a conviction under Section 252 BNSS or Section 258 BNSS where Section 236 CrPC spoke of a conviction under Section 229 CrPC or Section 235 CrPC.

FAQs: CrPC 236 to BNSS 259

What is the difference between Section 236 CrPC and Section 259 BNSS?▼

Section 259 BNSS has the same heading and the same text as Section 236 CrPC, except for the renumbered cross-references to Section 234(7) BNSS, Section 252 BNSS and Section 258 BNSS in place of Section 211(7) CrPC, Section 229 CrPC and Section 235 CrPC.

Which sections does Section 259 BNSS refer to?▼

Section 234(7) BNSS for the charge of a previous conviction, and Section 252 BNSS and Section 258 BNSS for the convictions after which evidence of the previous conviction may be taken.

Is the proviso to Section 259 BNSS different from the proviso to Section 236 CrPC?▼

Only in its cross-references. The proviso to Section 259 BNSS refers to Section 252 BNSS and Section 258 BNSS where the proviso to Section 236 CrPC referred to Section 229 CrPC and Section 235 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·