Section 334 BNSS 2023: Previous Conviction or Acquittal - How It Is Proved
Section 334 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies recognised methods by which a previous conviction or acquittal may be proved during an inquiry, trial or other proceeding under the Sanhita.
Text of Section 334 BNSS
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, -
(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 334
The provision deals with proof of an earlier conviction or acquittal. It does not itself decide the legal effect of that earlier decision. Instead, it explains documentary modes by which the earlier result may be established before the Court.
The opening words are important because they permit these methods in addition to any other mode of proof allowed by law. Section 334 therefore provides statutory methods of proving the earlier conviction or acquittal without excluding another legally permissible method.
How a Previous Conviction or Acquittal May Be Proved
- Certified Court record: A certified extract from the officer who has custody of the record of the Court where the conviction or acquittal occurred may be produced as a copy of the sentence or order.
- Jail certificate in case of conviction: A certificate signed by the officer in charge of the jail where the punishment, or any part of it, was undergone may be used.
- Warrant of commitment in case of conviction: The warrant under which the punishment was suffered may also be produced.
- Identity must be established: Where the provision requires it, evidence must connect the accused before the Court with the person who was previously convicted or acquitted.
Why Proof of Identity Matters
A previous judgment or jail record is not enough merely because a similar name appears in it. The prosecution or other party relying on the earlier conviction or acquittal must establish that the person referred to in the earlier record is the same person whose previous conviction or acquittal is being asserted in the present proceeding.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 334 BNSS substantially corresponds to Section 298 of the Code of Criminal Procedure, 1973, which also dealt with proof of a previous conviction or acquittal. The BNSS retains the same essential evidentiary mechanism while placing the provision in the new criminal procedure framework.
Related BNSS Provisions
Section 334 appears among provisions dealing with evidence and procedure during criminal proceedings. Closely related provisions include Section 333 BNSS on authorities before whom affidavits may be sworn, Section 335 BNSS on recording evidence in the absence of an accused, and Section 337 BNSS concerning the rule against trying a person again for the same offence in the circumstances stated there.
Official Sources
For authoritative statutory text and official updates, refer to the India Code page for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws page.
Last reviewed: 11 September 2026.