Law4u - Made in India

What Is BNSS Section 334?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 334: Previous Conviction or Acquittal How Proved

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—

  • 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
  • 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.

Brefe Detail

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.

Question & Answers

Q1: How can a previous conviction be proved in court?

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.

Q2: What must be included when proving a previous conviction?

Evidence must be provided to establish the identity of the accused person with the person who was convicted or acquitted.

Q3: Can acquittals also be proved in the same manner as convictions?

Yes, acquittals can be proved in the same manner by providing certified extracts of the court records.

Q4: What type of documents can be used to prove a conviction?

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.

Example

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.

Summary

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohammad Gaus Khan

Advocate Mohammad Gaus Khan

Criminal, Cheque Bounce, Family, Divorce, Anticipatory Bail

Get Advice
Advocate Shashank Tiwari

Advocate Shashank Tiwari

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Trademark & Copyright, Court Marriage, Consumer Court

Get Advice
Advocate Kopika

Advocate Kopika

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Tax, Wills Trusts

Get Advice
Advocate Krishna Kumar

Advocate Krishna Kumar

Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, R.T.I, Succession Certificate

Get Advice
Advocate Neetu Sharma

Advocate Neetu Sharma

Family, Divorce, Court Marriage, Cheque Bounce, Arbitration, Domestic Violence

Get Advice
Advocate Kathappan A

Advocate Kathappan A

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Motor Accident, Domestic Violence, Cyber Crime, Documentation, Banking & Finance, Labour & Service

Get Advice
Advocate Krishan Bhushan

Advocate Krishan Bhushan

Civil, Consumer Court, Court Marriage, Banking & Finance, Cheque Bounce, GST, Insurance, R.T.I, Property, Revenue, Wills Trusts, Tax, Succession Certificate, Motor Accident, Labour & Service, Documentation, Anticipatory Bail

Get Advice
Advocate K Shanmukha Srikanth

Advocate K Shanmukha Srikanth

Arbitration, Cheque Bounce, Consumer Court, Civil, Family, Domestic Violence, Tax, Trademark & Copyright, Succession Certificate, Wills Trusts, Criminal, Corporate, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Court Marriage, Documentation, Divorce, High Court, Insurance, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, RERA, Property

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.