Previous conviction
Section 259 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 eviden The Act came into force on 01 Jul 2024.
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.
Section 259, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 236 Previous conviction Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Subash Chander vs State
Decided under Code of Criminal Procedure 236, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is charged under Sections 376/511 IPC (rape and attempt to commit rape) and evidence establishes commission of lesser offence under Section 354 IPC (outraging modesty) of same nature, the trial court is competent to record conviction under Section 354 IPC even without formal charge under that section, as Section 236 CrPC permits conviction for offence not charged if it is of same nature as charged offence and proved on evidence. Additionally, delay of one day in lodging FIR in cases involving sexual assault of young women is justified when victim's family was away and matter was under panchayat consideration, and such delay cannot be termed inordinate or fatal to prosecution case.
On this section: Conviction for offence not charged - Court held that mere omission or defect in framing charge does not disable court from convicting accused of offence proved on evidence, if offence is of same nature as charged offence
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Rajpal Singh vs State of Punjab
Decided under Code of Criminal Procedure 236, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal revision proceedings, while the scope of interference is limited, the High Court may reduce the sentence imposed by lower courts when considering factors such as: (1) time already served by the accused; (2) the protracted nature of the trial; (3) the personal circumstances of the accused including his status as sole breadwinner; (4) the absence of pending cases; and (5) the overall ends of justice. The court may impose alternative penalties such as charitable donations coupled with undertakings to refrain from future offences as a substitute for or in addition to imprisonment.
On this section: Procedure for enhancement of sentence based on previous convictions; appellate court found violation and remanded case for proper procedure
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 259
What have the courts held on Section 259 of the Bharatiya Nagarik Suraksha Sanhita?
Subash Chander vs State (11 Jul 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 236, which this section replaced -- the court never mentioned this Act: Conviction for offence not charged - Court held that mere omission or defect in framing charge does not disable court from convicting accused of offence proved on evidence, if offence is of same nature as charged offence. Another 1 judgment on this section is set out below. They run from 2018 to 2023.
How do I find court cases under Section 259 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 259, section 259 BNSS, section 259 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Subash Chander vs State (11 Jul 2023).
What should I read with Section 259 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 234 (Contents of charge), section 252 (Conviction on plea of guilty), section 258 (Judgment of acquittal or conviction), so none of them can safely be read on its own. It carries forward CrPC 236 (Previous conviction), so the judgments decided under that provision are the case law on this one.
When did Section 259 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 259 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 259, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.