Code of Criminal Procedure, 1973 · Chapter XXIII: Evidence in Inquiries and Trials · B.–Commissions for the examination of witnesses
Section 298: Previous conviction or acquittal how proved
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 1. Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1978). 2. Ins. by Act 25 of 2005, s. 26 (w.e.f. 23-6-2006). 3. Subs. by Act 45 of 1978, s. 22, for cl. (a) (w.e.f. 18-12-1978).
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 298
No Supreme Court judgment in our database cites this section yet.