Code
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.
Explanation
- This section empowers the court to inquire about previous convictions of the accused in a case.
- This inquiry is relevant when the previous conviction impacts the current case, such as in sentencing or determining the accused’s character.
- The court has discretion to decide whether to order such an inquiry.
- The accused can be examined under oath or asked to produce relevant documents.
- The court can issue summons or warrant to ensure the accused’s presence for the inquiry.
Illustration
A person is being tried for theft. The prosecution wants to prove that the accused is a habitual thief with previous convictions for similar offenses. The court can use Section 236 to inquire about the accused’s past convictions and use this information to determine the sentence.
Common Questions and Answers
Q: What is the purpose of Section 236?
A: To allow the court to inquire about the accused’s previous convictions to determine their character and sentence.
Q: Is the court obligated to order an inquiry under Section 236?
A: No, the court has discretion to decide if an inquiry is necessary.
Q: How is the accused’s previous conviction proved?
A: Through documents like certified copies of the conviction order or by examining the accused.
Q: Can the accused refuse to answer questions about their previous convictions?
A: The accused can refuse to answer, but their refusal can be considered by the court.
