Section 236 CrPC: Previous conviction

Code of Criminal Procedure, 1973

Section 236 CrPC at a Glance

Section 236 CrPC deals with previous conviction. From 1 July 2024 it is replaced by Section 259 BNSS.

Now BNSS

Section 259 →

What Section 236 CrPC Says

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.

Source: Section 236, Code of Criminal Procedure, 1973

Section 236 CrPC in Simple Words

Section 236 of the Code of Criminal Procedure, 1973 is headed Previous conviction. It applies in a case where a previous conviction is charged under Section 211(7) CrPC 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 CrPC or Section 235 CrPC, 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 229 CrPC or Section 235 CrPC.

When Section 236 CrPC Applies

  • 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.
  • 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.

Time Limits Under Section 236 CrPC

  • 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”

Example of Section 236 CrPC

A previous conviction is charged against Vikram under Section 211(7) CrPC, and Vikram does not admit the previous conviction as alleged in the charge. The Judge does not read out the charge, and the prosecution does not refer to the previous conviction, unless and until Vikram has been convicted under Section 229 CrPC or Section 235 CrPC. After Vikram is convicted, the Judge may take evidence in respect of the alleged previous conviction and shall record a finding thereon.

When Section 236 CrPC Does Not Apply

  • Section 236 CrPC 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 248(3) CrPC.
  • Section 236 CrPC speaks of evidence of an alleged previous conviction. It does not deal with the contents of a charge, which is the subject of Section 211 CrPC.

Section 236 CrPC Under BNSS 259: What Changed

Section 236 CrPC is now covered under Section 259 BNSS.

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 detailed comparison (CrPC 236 vs BNSS 259) →

FAQs on Section 236 CrPC

When may the Judge take evidence of a previous conviction under Section 236 CrPC?▼

Where a previous conviction is charged under Section 211(7) CrPC and the accused does not admit it as alleged in the charge, the Judge may, after convicting the accused under Section 229 CrPC or Section 235 CrPC, 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 236 CrPC?▼

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 229 CrPC or Section 235 CrPC.

After which convictions does Section 236 CrPC allow evidence of a previous conviction?▼

After the Judge has convicted the accused under Section 229 CrPC or Section 235 CrPC.

Where is Section 236 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 236 CrPC has no sub-sections, and maps as a whole to Section 259 BNSS from 1 July 2024. The sections it refers to, Section 211(7) CrPC, Section 229 CrPC and Section 235 CrPC, are Section 234(7) BNSS, Section 252 BNSS and Section 258 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·