Section 259 BNSS 2023 - Previous Conviction
Section 259 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure where a previous conviction has been included in the charge under Section 234(7), but the accused does not admit that previous conviction. The provision postpones proof and discussion of the alleged previous conviction until after the accused has first been convicted of the present offence under Section 252 or Section 258.
Text of Section 259 BNSS: Previous conviction
259. 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.
Meaning and scope of Section 259 BNSS
Section 259 deals with an alleged previous conviction that may affect punishment for a later offence. It is not concerned with proving the accused's guilt for the present offence. Instead, it regulates when and how the Court may examine an earlier conviction after guilt in the present case has already been established.
If the accused admits the previous conviction, the special evidentiary procedure in Section 259 does not arise in the same way. Where the accused does not admit it, the Judge may take evidence regarding the earlier conviction only after conviction under Section 252 BNSS or Section 258 BNSS, and must record a finding on the disputed previous conviction.
What does Section 234(7) BNSS provide?
Section 234 deals with the contents of a charge. Under sub-section (7), where an accused has previously been convicted of an offence and, because of that conviction, may be liable to enhanced punishment or punishment of a different kind for a subsequent offence, the fact, date and place of the previous conviction are to be stated in the charge when the prosecution intends to rely on it for punishment.
Section 234(7) also permits the Court to add that statement at any time before sentence is passed if it was omitted from the charge.
Key distinction: Section 234(7) explains when the previous conviction is to be stated in the charge; Section 259 controls when the allegation may actually be read out, put to the accused and proved if it is denied.
Procedure where the previous conviction is denied
| Stage | What Section 259 requires |
|---|---|
| Charge | A previous conviction is included under Section 234(7) because it may affect punishment. |
| Denial | The accused does not admit the alleged previous conviction. |
| Present offence decided first | The Court first decides the present case without exposing the fact-finding process to the alleged earlier conviction. |
| Conviction under Section 252 or 258 | Only after conviction in the present case may the Judge take evidence regarding the alleged previous conviction. |
| Finding | The Judge must record a finding on whether the alleged previous conviction is proved. |
Safeguard against prejudice to the accused
The proviso to Section 259 creates an important procedural safeguard. Until the accused has been convicted under Section 252 or Section 258, the Judge must not read out the charge concerning the previous conviction, the accused must not be asked to plead to it, and the prosecution must not refer to that previous conviction or introduce evidence about it.
The purpose of this sequence is to keep the adjudication of the present offence separate from material about an earlier conviction that could unfairly prejudice the assessment of guilt in the current case.
Section 259 in the sequence of a Sessions trial
| Provision | Stage |
|---|---|
| Section 251 | Framing of charge |
| Section 252 | Conviction on plea of guilty |
| Section 253 | Date for prosecution evidence |
| Section 254 | Evidence for prosecution |
| Section 255 | Acquittal |
| Section 256 | Entering upon defence |
| Section 257 | Arguments |
| Section 258 | Judgment of acquittal or conviction |
| Section 259 | Previous conviction |
| Section 260 | Procedure in cases instituted under Section 222(2) |
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed July 1, 2024 as the date on which its provisions came into force, subject to the exception stated in the commencement notification concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Official legal resources
Last reviewed: September 11, 2026.