In case where a previous conviction charged under the provisions of section 221, sub-section (7), and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the accused under section 243, or under section 245, sub-section (2), Cr.P.C. ?
Correct answer: C. Shall take evidence in respect of the alleged previous conviction and, if he does so, shall record the findings
- A. Shall take evidence in respect of the alleged previous conviction
- B. Shall leftover the alleged previous conviction
- C. Shall take evidence in respect of the alleged previous conviction and, if he does so, shall record the findings
- D. None of above
Explanation
When the accused denies the alleged previous conviction, the Magistrate must take evidence on that conviction after convicting him for the present offence and must record the finding. This is why option c includes both required steps.
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