Section 259 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
**Section 259 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** addresses the procedure for handling allegations of previous convictions during a criminal trial.([taxmanagementindia.com][1])
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### 📜 Text of Section 259
**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:([prashantkanha.com][2])
*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.*([prashantkanha.com][2])
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### ⚖️ Legal Context
Section 259 outlines the procedure to be followed when an accused person denies a previous conviction that is alleged to enhance the severity of the current charge. It ensures that such allegations are not introduced prematurely in the trial process, thereby protecting the rights of the accused. This provision is similar to Section 236 of the Indian Criminal Procedure Code (Cr.P.C.), 1973.
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### 🧭 Practical Implications
* **Protection of Rights**: The section safeguards the accused from being prejudiced by allegations of previous convictions before a verdict is reached on the current charge.
* **Sequential Procedure**: It establishes a clear sequence where the accused must first be convicted under sections 252 or 258 before any evidence regarding previous convictions is considered.([kanoongpt.in][3])
* **Judicial Discretion**: The judge has the discretion to introduce evidence of previous convictions only after the current conviction is established, ensuring fairness in the trial process.([kanoongpt.in][3])
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