Saturday, 8 September 2018

Notes on enhanced punishment after previous conviction

S 75. Enhanced punishment for certain offences under chapter 12 or chapter 17 after previous conviction:- Whoever having being convicted
a)by a court in India of an offence punishable under chapter 12 or chapter 17 of this code with imprisonment of either description for a term of three years or upwards shall be guilty of any offence punishable under either of those chapters with like imprisonment for the like term,shall be subject for every such subsequent offence to imprisonment for life or to imprisonment of either description for a term which may extend to ten years.

S 75 of IPC provides that enhanced punishment to be awarded in case of old offender.

If a person has been convicted by an Indian court of any offence relating to coin and government stamps or against property punishable with imprisonment for three years or more,is again guilty of such an offence punishable with three years or more,he is subject to be punished with imprisonment for life or imprisonment for ten years.
S 211 of CRPC. Contents of charge:-
Sub S 7. If the accused having been previously convicted of any offence is liable by reason of such previous conviction,to enhanced punishment, or to punishment of a different kind for a subsequent offence and it is intended to prove such previous conviction for the purpose of affecting the punishment which the court may think fit to award for subsequent offence the fact,date and place of previous conviction shall be stated in the charge and if such statement has been omitted the court may add it at any time before sentence is passed.
S 236 of CRPC. Previous conviction:- In a case where a previous conviction is charged under the provisions of Sub S (7) of S 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 S 229 or S 235,take evidence in respect of alleged previous conviction,and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall accused be asked to plead thereto nor shall the previous conviction be referred to by prosecution or in any evidence adduced by it unless and until the accused has been convicted under S 229 or S 235.
 There is similar provision in S 148 Sub S 3 of CRPC.
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