CrPC 298→BNSS 334

CrPC 298 to BNSS 334: Previous conviction or acquittal how proved

Section 298 CrPC (1973) replaced by Section 334 BNSS (2023)

View CrPC Section 298 →View BNSS Section 334 →

CrPC 298 to BNSS 334 at a Glance

Section 298 CrPC (Previous conviction or acquittal how proved) is now Section 334 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 298 to BNSS 334?

Section 334 BNSS has the same heading as Section 298 CrPC, Previous conviction or acquittal how proved. The text is the same, except that Section 334 BNSS refers to a proceeding under the Sanhita where Section 298 CrPC referred to a proceeding under the Code. Section 298(a) CrPC is found in Section 334(a) BNSS and Section 298(b) CrPC in Section 334(b) BNSS.

CrPC 298 vs BNSS 334: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section298334
HeadingPrevious conviction or acquittal how provedSame

CrPC 298 and BNSS 334: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 298, CrPC 1973

298. 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.
BNSS 2023 (in force)

Section 334, BNSS 2023

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.

When It Applies: CrPC 298 vs BNSS 334

Under CrPC 298
  1. In any inquiry, trial or other proceeding under the Code, Section 298 CrPC allows a previous conviction or acquittal to be proved in addition to any other mode provided by any law for the time being in force.
  2. Under Section 298(a) CrPC, a previous conviction or acquittal may be proved by an extract certified under the hand of the officer having the custody of the records of the Court in which the conviction or acquittal was held, to be a copy of the sentence or order.
  3. In case of a conviction, Section 298(b) CrPC allows proof by a certificate signed by the officer in charge of the Jail in which the punishment or any part of it was undergone.
  4. In case of a conviction, Section 298(b) CrPC also allows proof by production of the warrant of commitment under which the punishment was suffered.
  5. The proof is together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.
Under BNSS 334
  1. In any inquiry, trial or other proceeding under the Sanhita, Section 334 BNSS allows a previous conviction or acquittal to be proved in addition to any other mode provided by any law for the time being in force.
  2. Under Section 334(a) BNSS, a previous conviction or acquittal may be proved by an extract certified under the hand of the officer having the custody of the records of the Court in which the conviction or acquittal was held, to be a copy of the sentence or order.
  3. In case of a conviction, Section 334(b) BNSS allows proof by a certificate signed by the officer in charge of the jail in which the punishment or any part of it was undergone.
  4. In case of a conviction, Section 334(b) BNSS also allows proof by production of the warrant of commitment under which the punishment was suffered.
  5. The proof is together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.

What CrPC 298 to BNSS 334 Means in Practice

From 1 July 2024, a reader looking for the modes of proving a previous conviction or acquittal in a proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023 finds them in Section 334 BNSS. The words of Section 334(a) BNSS and Section 334(b) BNSS are the same as in Section 298(a) CrPC and Section 298(b) CrPC, apart from the reference to the Sanhita.

FAQs: CrPC 298 to BNSS 334

Which BNSS section carries Section 298 CrPC?▼

Section 334 BNSS. Section 298(a) CrPC is found in Section 334(a) BNSS and Section 298(b) CrPC in Section 334(b) BNSS.

Is the text of Section 334 BNSS different from Section 298 CrPC?▼

The heading and the text are the same, except that Section 334 BNSS refers to the Sanhita where Section 298 CrPC referred to the Code.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·