Section 259 BNSS: Previous conviction
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 259 BNSS at a Glance
Section 259 BNSS deals with previous conviction. It replaced Section 236 CrPC on 1 July 2024.
Section 259 BNSS Bare Act Text
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.
Source: Section 259, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 259 BNSS in Simple Words
Section 259 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Previous conviction. It applies in a case where a previous conviction is charged under Section 234(7) BNSS 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 BNSS or Section 258 BNSS, take evidence in respect of the alleged previous conviction, and shall record a finding thereon. No such charge shall be read out by the Judge, the accused shall not be asked to plead thereto, 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.
When Section 259 BNSS Applies
- 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.
- 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 Under Section 259 BNSS
- 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”
Example of Section 259 BNSS
When Section 259 BNSS Does Not Apply
- Section 259 BNSS speaks of the Judge taking evidence of an alleged previous conviction. It does not deal with a Magistrate taking evidence of an alleged previous conviction, which is the subject of Section 271(3) BNSS.
- Section 259 BNSS speaks of evidence of an alleged previous conviction. It does not deal with the contents of a charge, which is the subject of Section 234 BNSS.
Section 259 BNSS in the CrPC (Previous Law)
Section 259 BNSS replaces Section 236 CrPC from the old criminal code.
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.
View CrPC Section 236 →FAQs on Section 259 BNSS
When may the Judge take evidence of a previous conviction under Section 259 BNSS?▼
Where a previous conviction is charged under Section 234(7) BNSS and the accused does not admit it as alleged in the charge, the Judge may, after convicting the accused under Section 252 BNSS or Section 258 BNSS, take evidence in respect of the alleged previous conviction, and shall record a finding thereon.
Can the previous conviction be referred to before the accused is convicted under Section 259 BNSS?▼
No. 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.
After which convictions does Section 259 BNSS allow evidence of a previous conviction?▼
After the Judge has convicted the accused under Section 252 BNSS or Section 258 BNSS.
What changed from Section 236 CrPC to Section 259 BNSS from 1 July 2024?▼
Section 259 BNSS has the same heading and the same text as Section 236 CrPC, except for renumbered cross-references. 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. The proviso refers to Section 252 BNSS and Section 258 BNSS in the same way.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·