Section 334 BNSS: Previous conviction or acquittal how proved

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 334 BNSS at a Glance

Section 334 BNSS deals with previous conviction or acquittal how proved. It replaced Section 298 CrPC on 1 July 2024.

Was CrPC

Section 298 →

Section 334 BNSS Bare Act Text

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.

Source: Section 334, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 334 BNSS in Simple Words

Section 334 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides how a previous conviction or acquittal may be proved in any inquiry, trial or other proceeding under the Sanhita.

The modes in the section are in addition to any other mode provided by any law for the time being in force.

In each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted goes together with the proof.

When Section 334 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 334 BNSS

In a trial under the Sanhita, the prosecution wants to prove that the accused, Farhan, was convicted earlier. The officer having the custody of the records of the Court in which the conviction was held certifies an extract to be a copy of the sentence. Section 334(a) BNSS allows the previous conviction to be proved by that extract, together with evidence as to the identity of Farhan with the person so convicted.

When Section 334 BNSS Does Not Apply

  • Section 334 BNSS speaks of how a previous conviction or acquittal may be proved. It does not deal with the bar on trying a person again for the same offence, the subject of Section 337 BNSS.
  • Section 334 BNSS speaks of proof of a previous conviction or acquittal. It does not deal with evidence of formal character on affidavit, the subject of Section 332 BNSS.

Section 334 BNSS in the CrPC (Previous Law)

Section 334 BNSS replaces Section 298 CrPC from the old criminal code.

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.

View CrPC Section 298 →

FAQs on Section 334 BNSS

How may a previous conviction or acquittal be proved under Section 334 BNSS?▼

Section 334 BNSS allows proof in addition to any other mode provided by any law for the time being in force. One mode is 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. In case of a conviction, the other modes are a certificate signed by the officer in charge of the jail in which the punishment or any part of it was undergone, or production of the warrant of commitment under which the punishment was suffered.

Which proceedings does Section 334 BNSS cover?▼

Section 334 BNSS covers any inquiry, trial or other proceeding under the Sanhita.

What does Section 334 BNSS say about the identity of the accused person?▼

Section 334 BNSS says 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 changed from Section 298 CrPC to Section 334 BNSS from 1 July 2024?▼

Section 334 BNSS has the same heading and the same text as Section 298 CrPC, 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·