Section 298 CrPC: Previous conviction or acquittal how proved

Code of Criminal Procedure, 1973

Section 298 CrPC at a Glance

Section 298 CrPC deals with previous conviction or acquittal how proved. From 1 July 2024 it is replaced by Section 334 BNSS.

Now BNSS

Section 334 →

What Section 298 CrPC Says

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.

Source: Section 298, Code of Criminal Procedure, 1973

Section 298 CrPC in Simple Words

Section 298 of the Code of Criminal Procedure, 1973 provides how a previous conviction or acquittal may be proved in any inquiry, trial or other proceeding under the Code.

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 298 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 298 CrPC

In a trial under the Code, the prosecution wants to prove that the accused, Imran, 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 298(a) CrPC allows the previous conviction to be proved by that extract, together with evidence as to the identity of Imran with the person so convicted.

When Section 298 CrPC Does Not Apply

  • Section 298 CrPC 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 300 CrPC.
  • Section 298 CrPC speaks of proof of a previous conviction or acquittal. It does not deal with evidence of formal character on affidavit, the subject of Section 296 CrPC.

Section 298 CrPC Under BNSS 334: What Changed

Section 298 CrPC is now covered under Section 334 BNSS.

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 detailed comparison (CrPC 298 vs BNSS 334) →

FAQs on Section 298 CrPC

How may a previous conviction or acquittal be proved under Section 298 CrPC?▼

Section 298 CrPC 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 298 CrPC cover?▼

Section 298 CrPC covers any inquiry, trial or other proceeding under the Code.

What does Section 298 CrPC say about the identity of the accused person?▼

Section 298 CrPC 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.

Where is Section 298 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 298 CrPC has no sub-sections, and maps as a whole to Section 334 BNSS. Its clauses are Section 298(a) CrPC and Section 298(b) CrPC, found in Section 334(a) BNSS and Section 334(b) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·