CrPC Section 298: How a Previous Conviction or Acquittal Is Proved
Section 298 of the Code of Criminal Procedure, 1973 (CrPC) prescribed ways to prove an earlier conviction or acquittal in criminal proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 334.
Text of Section 298 CrPC - Previous Conviction or Acquittal How Proved
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.
Meaning and Scope of Section 298 CrPC
The section deals with the method of proving the fact of an earlier conviction or acquittal. It identifies official records that can establish the earlier court decision, while also requiring proof that the person in the present proceeding is the person named in the earlier record. It supplements other legally permitted methods of proof.
1. Certified extract of the court record
Under clause (a), an extract certified by the officer who has custody of the relevant court records may be used to prove the earlier sentence or order. This method applies to both convictions and acquittals.
2. Jail certificate or warrant of commitment
Under clause (b), where the earlier result was a conviction, the party may produce a certificate signed by the officer in charge of the jail where punishment was served, wholly or partly, or the warrant of commitment under which the punishment was undergone. This alternative is specifically for proof of a conviction.
3. Proof of identity is essential
Producing an official record alone does not resolve whether it relates to the person before the court. Evidence must also connect that person with the individual previously convicted or acquitted. The sufficiency of identification evidence is assessed by the court in the circumstances of the case.
Current Provision: Section 334 BNSS, 2023
Section 334 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Previous conviction or acquittal how proved", carries forward the substance of Section 298 CrPC. It permits proof through a certified court extract, or, for a conviction, a jail officer's certificate or warrant of commitment, together with evidence establishing identity.
The rule is evidentiary: it explains how a previous judgment or order can be established. It does not by itself decide whether a second trial is barred, whether a previous conviction increases punishment, or whether the earlier decision is otherwise legally relevant.
Relationship with Protection Against a Second Trial
Section 300 CrPC and its corresponding Section 337 BNSS address the circumstances in which a person previously convicted or acquitted cannot be tried again for the same offence. Section 298 CrPC and Section 334 BNSS instead concern the proof of the earlier conviction or acquittal. Both issues may arise together, but they perform different legal functions.
Which Law Applies After 1 July 2024?
Section 531 BNSS repeals the CrPC while preserving specified pending appeals, applications, trials, inquiries and investigations under the earlier Code. Whether the CrPC or BNSS applies depends on the relevant transitional provisions and procedural history of the case. The date of the alleged offence alone should not be treated as a complete test for procedural applicability.
Practical Example
If a party asserts that an accused was previously acquitted, it may submit a certified extract of the earlier court order and evidence identifying the accused as the person named in that order. If an earlier conviction is relied upon, the additional modes involving jail records or a commitment warrant may also be available. The court must still determine the legal effect of the earlier result.
Official Legal References
- India Code - official repository of Central legislation (search for the Code of Criminal Procedure, 1973 and Bharatiya Nagarik Suraksha Sanhita, 2023).
- Bureau of Police Research and Development - BNSS reference PDF, including Section 334.
- West Bengal Judicial Academy - comparative reference on new criminal laws.
This article provides general legal information and is not a substitute for case-specific professional advice.