Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - 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—
- by 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; or
- 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.
Brefe Detail
Section 334 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies how previous convictions or acquittals can be proved in legal proceedings. It outlines two primary methods for establishing such evidence: through a certified extract from the court records or by presenting documents from the jail regarding the conviction, along with proof of the accused's identity.
Question & Answers
Q1: How can a previous conviction be proved in court?
A previous conviction can be proved by an extract certified by the officer in charge of the court records or by a certificate from the jail officer or the production of the warrant of commitment.
Q2: What must be included when proving a previous conviction?
Evidence must be provided to establish the identity of the accused person with the person who was convicted or acquitted.
Q3: Can acquittals also be proved in the same manner as convictions?
Yes, acquittals can be proved in the same manner by providing certified extracts of the court records.
Q4: What type of documents can be used to prove a conviction?
Documents that can be used include a certified copy of the sentence or order, a certificate from the jail officer, or the warrant of commitment.
Example
1. A defendant in a trial presents a certified extract of their previous conviction from the relevant court records to establish the prior history.
2. An accused person shows a certificate from the jail indicating they served part of their sentence, along with their identification documents, to prove their previous conviction.
Summary
Section 334 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides clear guidelines on how previous convictions or acquittals may be evidenced in court. It allows for certification from judicial and correctional authorities, emphasizing the necessity of proving the identity of the accused in relation to the past verdict.
