176. It is not necessary to state previous convictions in the charge unless-
(a)the accurately is liable to a sentence which cannot be passed except on proof of a previous conviction, and(b)it is intended to prove the previous convictions for the purpose of affecting the punishment which the Court may think fit to award. It will thus appear that where Section 75 of the Indian Penal Code or any other similar provision of the law is applicable the details of previous convictions must be stated in the charge whether the Court thinks lit to award the enhanced punishment prescribed by that provision or not. But where it is not applicable, these details need not be stated in the charge, even if the Court thinks fit to award a sentence which though within maximum provided by law for a first offence, is still higher than it would have awarded if the trial were for a first offence.
