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Start Free TrialCode of Criminal Procedure, 1973 Section 236
Title: Previous Conviction
State: Central
Year: 1973
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.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 144
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 1950
(1) When any person subject to this Act has been convicted by a court-martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and 85, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a summary court-martial the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 98
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 1968
(1) When any person subject to this Act has been convicted by a Security Force Court of any offence, such Security Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Security Force Court or by a criminal court, or any previous award of punishment under section 53 or 55, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Security Force Courts or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Security Force Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionIndo-tibetan Border Police Force Act, 1992 Section 110
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 1992
(1) When any person subject to this Act has been convicted by a Force Court of any offence, such Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Force Court or by a criminal court, or any previous award of punishment under section 56 or 58, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Force Courts or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Force Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionAssam Rifles Act, 2006 Section 120
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 2006
(1) When any person subject to this Act has been convicted by an Assam Rifles Court of any offence, such Assam Rifles Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by an Assam Rifles Court or by a criminal court, or any previous award of punishment under section 62 or section 64 or section 65 or section 66, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of an Assam Rifles Court, or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Assam Rifles Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 95
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 1986
(1) When any person subject to this Act has been convicted by a Security Guard Court of any offence, such Security Guard Court may inquire into, and receive and record evidence of any previous convictions of such person, either by a Security Guard Court or by a Criminal Court, or any previous award of punishment under section 51 or section 53 or section 54 and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) The evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Security Guard Courts or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Security Guard Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 110
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 2007
(1) When any person subject to this Act has been convicted by a Force Court of any offence, such Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Force Court or by a criminal court, or any previous award of punishment under section 56 or section 58, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Force Courts or other official record; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Force Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionAir Force Act, 1950 Section 143
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 1950
(1) When any person subject to this Act has been convicted by a court-martial of any offence, such court-martial may inquire into and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court or any previous award of punishment under section 82 or section 86 and may further enquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 119
Title: Evidence of Character and Previous Convictions
State: Central
Year: 1957
.....have belonged when the offence or offences for which he is being tried were committed and also any documents, other than such entries in the log, of the nature of a definite censure by superior authority, which log and documents the prosecution is to produce; and (iii) any certificate or other documents of character which the accused may produce; (b) for a seaman-- (i) the entries against him in the conduct and offences record sheets prior to the date of the offence charged, but subsequent to his joining his present ship, with character assessed from the previous 31st day of December to the date of the offence for which he may be under trial but excluding all consideration of the latter; (ii) his certificate of service; and (iii) any entries against him relating to his previous convictions in the list of those who have been tried by court-martial. (2) The accused may then make a statement in mitigation of punishment and lead any evidence of character if he has not already done so before the finding.
View Complete Act List Judgments citing this sectionKarnataka Excise Act, 1965(Karnataka) Section 42
Title: Enhanced Punishment After Previous Conviction
State: Karnataka
Year: 1965
Section 42 - Enhanced punishment after previous conviction If any person after having been previously convicted of an offence punishable under1[xxx] section 38 or under the corresponding provisions of any enactment repealed by this Act, subsequently commits and is convicted of an offence punishable under2[the said section], he shall be liable to twice the punishment which might be imposed on a first conviction under this Act: Provided that nothing in this section shall prevent any offence which might otherwise have been tried summarily under3[Chapter XXI of the Code Of Criminal Procedure, 1973], from being so tried. _______________________________ 1. Omitted by Act 1 of 1970 w.e.f. 23-12-1969. 2. Substituted by Act 1 of 1970 w.e.f. 23-12-1969. 3. Substituted by Act 32 of 1982 w.e.f. 4.9.1982.
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