Section 334 – Previous Conviction or Acquittal How Proved

Introduction

Section 334 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the manner in which a previous conviction or acquittal may be proved in a criminal proceeding.

The provision provides additional methods for proving a previous conviction or acquittal, without limiting any other method of proof available under the law.

It is particularly relevant where the fact of a person’s previous conviction or acquittal becomes an issue during an inquiry, trial or other proceeding under the BNSS.

Meaning of Previous Conviction or Acquittal

A previous conviction means that a person has previously been found guilty of an offence by a competent Court.

A previous acquittal means that a person has previously been found not guilty of an offence by a competent Court.

Section 334 provides specific documentary methods by which such previous judicial outcomes may be proved.

Statutory Basis

Section 334, BNSS, 2023 – Previous conviction or acquittal how proved

A previous conviction or acquittal may be proved, in addition to any other mode of proof provided by law, through the documents and certificates recognised by the section.

The provision therefore provides an additional and convenient method of establishing the existence of a previous conviction or acquittal.

Essential Elements

1. Applicable to an Inquiry, Trial or Other Proceeding

Section 334 applies in:

• an inquiry;
• a trial; or
• any other proceeding under the BNSS.

2. Previous Conviction or Acquittal

The provision applies where it is necessary to prove that a person was previously:

• convicted; or
• acquitted.

3. Additional Mode of Proof

The methods provided under Section 334 are in addition to any other mode of proof provided by law.

Therefore, Section 334 does not exclude other legally permissible methods of proving a previous conviction or acquittal.

Modes of Proving Previous Conviction or Acquittal

1. Certified Extract from the Record of Conviction

A previous conviction may be proved by an extract certified under the hand of the officer having custody of the records of the Court in which the conviction was recorded.

The certified extract provides official evidence of the previous conviction.

2. Certificate from the Officer in Charge of the Prison

A previous conviction may also be proved by a certificate signed by the officer in charge of the prison or other place in which the convicted person was confined.

The certificate must indicate the fact of the conviction in the manner contemplated by the provision.

3. Certified Copy of the Sentence or Order

The previous conviction may also be proved by producing a certified copy of the sentence or order by which the conviction was imposed.

Similarly, a previous acquittal may be proved through a certified copy of the order recording the acquittal.

Procedure

The operation of Section 334 can be understood as follows:

1. A previous conviction or acquittal becomes relevant in an inquiry, trial or other proceeding.
2. The party seeking to establish the previous conviction or acquittal produces the appropriate official document.
3. The document may be a certified extract from the relevant Court record.
4. In the case of a previous conviction, a certificate from the officer in charge of the prison or place of confinement may also be used.
5. A certified copy of the sentence or order may also be produced.
6. The Court considers the document along with the other evidence.
7. The previous conviction or acquittal is established subject to the applicable rules of evidence.

Purpose of Section 334

The main purpose of Section 334 is to provide a simple and reliable method of proving previous judicial outcomes.

Requiring extensive oral evidence merely to establish the existence of a previous conviction or acquittal could cause unnecessary delay.

Official certified records and certificates provide a convenient method of establishing such facts.

Nature of the Provision

Section 334 is primarily a procedural and evidentiary facilitation provision.

It does not create a new offence or determine the punishment for an accused.

Instead, it specifies convenient documentary methods for proving that a person has previously been convicted or acquitted.

Previous Conviction

A previous conviction may become relevant in criminal proceedings for various legal purposes.

Where the fact of previous conviction is required to be established, Section 334 permits the use of official records and certificates instead of requiring the entire previous proceeding to be proved through numerous witnesses.

The Court must still determine the legal effect of the previous conviction under the applicable law.

Previous Acquittal

Section 334 also covers the proof of a previous acquittal.

A certified copy of the order recording the acquittal can be used to establish that the person was previously acquitted.

The fact of acquittal and the legal consequences of that acquittal are separate questions and must be considered under the applicable law.

Important Distinctions

Previous Conviction and Previous Acquittal

A previous conviction establishes that the person was previously found guilty.

A previous acquittal establishes that the person was previously found not guilty.

Section 334 provides methods for proving both.

Proof of Previous Conviction and Effect of Previous Conviction

Section 334 deals with how the previous conviction is proved.

It does not by itself determine what legal consequence should follow from that previous conviction.

The legal effect depends upon the relevant substantive and procedural provisions.

Certified Copy and Ordinary Copy

Section 334 specifically refers to certified official records and documents.

An ordinary uncertified photocopy does not automatically receive the same evidentiary treatment merely because it appears to contain details of a previous conviction or acquittal.

Relationship with the Law of Evidence

Section 334 is a procedural provision under the BNSS.

The Bharatiya Sakshya Adhiniyam, 2023 continues to govern the general principles concerning documentary evidence, admissibility and proof.

Section 334 provides specific procedural methods for proving previous convictions and acquittals, but it does not make every document relating to a previous case automatically admissible.

Example

Suppose an accused is facing a criminal trial and the prosecution needs to establish that the accused had previously been convicted by a competent Court.

The prosecution may produce a certified copy of the previous judgment, sentence or order in the manner permitted by Section 334.

Alternatively, where applicable, an official certified extract or the prescribed certificate from the officer in charge of the prison may be produced.

The Court can then consider the document for determining whether the previous conviction has been established.

Example of Previous Acquittal

Suppose a person claims that the person had previously been acquitted in a criminal case.

A certified copy of the order recording the previous acquittal may be produced before the Court.

The Court may consider that certified order as proof of the previous acquittal, subject to the applicable law.

Common Confusions

Does Section 334 provide the only method of proving a previous conviction?

No.

The provision expressly operates in addition to any other mode of proof provided by law.

Can a previous conviction be proved through a certified Court record?

Yes.

A certified extract or certified copy of the relevant Court record, sentence or order may be used in accordance with Section 334.

Can a previous acquittal also be proved under Section 334?

Yes.

The section expressly covers both previous conviction and previous acquittal.

Does proving a previous conviction automatically determine the punishment?

No.

Section 334 only concerns the manner of proving the previous conviction or acquittal. The legal consequences are determined by the applicable provisions of law.

BNSS and CrPC

Section 334 of the BNSS corresponds to Section 298 of the Code of Criminal Procedure, 1973.

The basic principle has been retained: previous convictions or acquittals may be proved through specified official records and certificates, in addition to other legally permissible methods.

The provision therefore continues the earlier procedural mechanism under the BNSS framework.

Topic at a Glance

• Topic: Previous Conviction or Acquittal How Proved
• BNSS Section: Section 334
• Subject: Proof of previous conviction or acquittal
• Applicable proceedings: Inquiry, trial or other proceeding under BNSS
• Nature: Procedural and evidentiary provision
• Main method: Certified official records and documents
• Previous conviction: May be proved through prescribed certified records, certificates or sentence/order
• Previous acquittal: May be proved through the certified order or other legally permitted method
• Other methods: Section 334 is additional to other modes of proof provided by law
• CrPC Equivalent: Section 298, CrPC, 1973

Quick Revision

• Section 334 BNSS deals with how previous conviction or acquittal may be proved.
• It applies in an inquiry, trial or other proceeding under the BNSS.
• A previous conviction or acquittal may be proved through specified official records and certificates.
• A certified extract of the relevant Court record may be used.
• A certificate from the officer in charge of the prison or place of confinement may be used for proving a previous conviction.
• A certified copy of the sentence or order may be produced.
• The provision applies to both previous convictions and previous acquittals.
• The methods under Section 334 are in addition to any other legally permissible mode of proof.
• Section 334 deals with the proof of the previous conviction or acquittal, not its ultimate legal effect.
• Section 334 corresponds to Section 298 of the CrPC, 1973.

ALSO READ: Section 333 – Authorities before whom affidavits may be sworn

Conclusion

Section 334 BNSS provides convenient documentary methods for proving a previous conviction or acquittal in criminal proceedings. It allows the Court to rely upon certified official records, certificates and relevant orders instead of requiring unnecessary formal proof through extensive oral evidence. At the same time, the section preserves other legally permissible modes of proof.