Criminal Manual 189 — Previous Convictions

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

When accused is liable to enhance punishment or punishment of different kind by the specified provisions of law, the court while framing charge should specify previous conviction in the charge as required by sub-paragraph (7) of section 211 but such particulars of charge about the previous conviction should not be read over to the accused and plea on that should not be taken till the accused is convicted under section 248 or under section 236, as the case may be. The previous convictions must also be proved in the manner provided under the Code, 1973, if they are not admitted. The Court should follow the procedure as laid down in section 236 or under section 248, Criminal Procedure Code, as the case may be, and to award sentence after recording findings contemplated under section 236 or section 248, Criminal Procedure Code, 1973.

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