Section 334 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Previous Conviction Or Acquittal How Proved.

Code: Section 334 BNSS

334.
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) 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
(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.

Explanation of Section 334 BNSS

Section 334 BNSS outlines the methods by which a previous conviction or acquittal can be introduced as evidence in any inquiry, trial, or proceeding conducted under this Sanhita. Its primary objectives are to:

• Establish Authenticity:
  Provide a standardized, certified method to prove that a previous conviction or acquittal has indeed taken place.
• Enhance Evidentiary Reliability:
  Ensure that the document or certificate used as evidence is reliable by requiring certification by the officer responsible for the records or the jail.

Key Provisions:

1. Certified Extract of Court Records (Sub-Section (a)):
   • An extract, certified by the officer having custody of the court records, can be used to prove the existence of a sentence or order.
   • This extract serves as an official copy of the previous conviction or acquittal.
2. Proof of Conviction (Sub-Section (b)):
   • In the case of a conviction, evidence can be provided either by:
     • A certificate signed by the officer in charge of the jail where the punishment was served (or a portion of it), or
     • The production of the warrant of commitment under which the punishment was executed.
   • In addition to either of these, there must be evidence linking the identity of the accused in the current proceeding with the person who was previously convicted or acquitted.

This section supplements other legal provisions regarding evidence, ensuring that previous legal outcomes are reliably and formally incorporated into current proceedings.

Illustrations

Example 1: Using a Certified Extract

• Scenario:
  In a trial for fraud, the prosecution wishes to introduce evidence that the accused was previously acquitted of a similar offence.
• Application:
  The prosecution produces an extract certified by the officer holding the records of the previous court, which is accepted as a copy of the sentence or order from the prior trial.

Example 2: Jail Certificate as Proof

• Scenario:
  An individual is facing trial for theft. The prosecution wants to show that the accused was previously convicted of theft.
• Application:
  The prosecution provides a certificate signed by the officer in charge of the jail where the accused served time, along with proof of identity linking the accused to that conviction. Alternatively, they might submit the original warrant of commitment as evidence.

Common Questions and Answers on Section 334 BNSS

1. What methods are available to prove a previous conviction or acquittal?

Answer:
A previous conviction or acquittal can be proved by:

• A certified extract from the court records (Sub-Section (a)), or
• For a conviction, by a certificate from the jail officer or the warrant of commitment (Sub-Section (b)), along with evidence linking the accused’s identity.

2. Why is it necessary to provide evidence of identity along with the document?

Answer:
To ensure that the person before the Court is the same person who was previously convicted or acquitted, thereby maintaining the integrity and reliability of the evidence.

3. Can any document be used to prove a previous conviction?

Answer:
No. The document must be certified as a true copy of the sentence or order by the officer in custody of the court records, or, in the case of a conviction, it must be accompanied by either a jail certificate or the warrant of commitment.

4. Does Section 334 BNSS override any other law regarding the proof of prior convictions?

Answer:
No. It allows a previous conviction or acquittal to be proved “in addition to any other mode provided by any law for the time being in force,” meaning it supplements other legal methods rather than replacing them.

Conclusion

Section 334 BNSS provides a clear, standardized method for introducing evidence of a previous conviction or acquittal in legal proceedings under the Sanhita. By mandating that such evidence be certified and accompanied by identity proof, the section enhances the reliability of historical judicial outcomes in current trials. This contributes significantly to the judicial process by ensuring that the history of an accused’s legal record is accurately and verifiably presented.

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