Code:
In any inquiry, trial or other proceeding under this Code, 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:
Section 298 of the CrPC outlines the circumstances under which evidence of a person’s previous conviction or acquittal of a different crime can be considered by a court in a current trial. The principle behind this section is that a person should be judged on the specific charges they face, not on their past criminal history. This principle is known as “the rule against the admission of bad character evidence“.
However, there are exceptions to this rule, as stated in the code, where evidence of previous convictions or acquittals can be considered relevant:
- Sentence determination: If the accused is found guilty, the court can consider previous convictions to determine the appropriate sentence.
- Other laws: If other laws specify that a previous conviction or acquittal is relevant for a particular offence, it can be considered.
- Admissibility under CrPC or other laws: If evidence of a previous conviction or acquittal is admissible under the CrPC or other laws, it can be considered.
Illustration:
Consider a case where a person is charged with theft. The prosecution wants to introduce evidence that the accused was previously convicted of robbery. Under Section 298, this evidence would not be admissible as it is not relevant to the current theft charge. However, the accused is found guilty of theft. So, the court can take into account the previous conviction for robbery. Hence, decide on the sentence.
Common Questions and Answers:
Q1: What is the purpose of Section 298 of the CrPC?
The purpose of Section 298 is to prevent the court from considering a person’s past criminal history. This is when determining their guilt or innocence in a current trial. It ensures a fair trial by focusing on the specific charges against the accused and not their past.
Q2: When can a previous conviction or acquittal be considered?
A previous conviction or acquittal can be considered in a few specific situations. This includes when it is relevant for sentencing, mandated by other laws, or admissible under the CrPC or other laws.
Q3: Can a previous conviction be used to prove the guilt of the accused in a current case?
Generally, no. Section 298 prevents the use of previous convictions to prove the guilt of the accused. However, it can be considered for other purposes, such as sentencing.
