- 11-Nov-2024
- Consumer Court Law Guides
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—
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.
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.
Evidence must be provided to establish the identity of the accused person with the person who was convicted or acquitted.
Yes, acquittals can be proved in the same manner by providing certified extracts of the court records.
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.
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.
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.
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