Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXIV · General Provisions as to Inquiries and Trials
253. Procedure where there are previous convictions
Feedback & supportWhere the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall be modified as follows:
offence
“offence” means any act or omission made punishable by any law for the time being in force;
the part of the charge stating the previous conviction shall not be read out in Court, nor shall the accused be asked whether he has been previously convicted as alleged in the charge unless and until he has either pleaded guilty to or been convicted of the subsequent offence;
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
if he pleads guilty to or is convicted of the subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the charge;
if he answers that he has been so previously convicted the
Court may proceed to pass sentence on him accordingly, but if he denies that he has been so previously convicted or refuses to or does not answer such question the Court shall inquire concerning such previous conviction.