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In case of absence of the fact of previous conviction in the charge, at what stage can the Court make addition of the fact to the charge?
At any time during trial
At any time before sentence is passed
At any stage of proceedings
During charged is framed and not after that
Section 211(7) of Code of Criminal Procedure – 211. Contents of charge. (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 the subsequent offence, the fact date and place of the 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.
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