Section 334 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 334 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedures for proving a previous conviction or acquittal during any inquiry, trial, or other legal proceeding under this Sanhita.
📜 Section 334: Previous Conviction or Acquittal—How Proved
In any inquiry, trial, or other proceeding under this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,
(a) An extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order;
(b) In case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted
⚖️ Comparison with CrPC Section 298
Section 334 of the BNSS, 2023 corresponds to Section 298 of the Code of Criminal Procedure (CrPC), 1973. Both provisions allow for the proof of a previous conviction or acquittal through certified extracts from court records or certificates from jail authorities, supplemented by evidence of the accused's identity. This ensures that the accused person is correctly identified in relation to the prior conviction or acquittal
🧾 Example Scenario
Scenario: In a trial for theft, the prosecution seeks to introduce evidence that the accused was previously convicted of a similar offence
Application of Section 334: The prosecution presents a certified extract of the previous court's records, showing the conviction. Additionally, a certificate from the jail officer where the accused served part of the sentence is provided, along with evidence linking the accused to the prior conviction.
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