Previous conviction or acquittal how proved
AI Assist
Summary
A past conviction or acquittal can be proved, in addition to other legal methods, by a certified extract from the court records, or (for convictions) by a jail officer's certificate or the warrant of commitment. In each case the identity of the accused must also be proved to match the person named in that record. These are admissible modes of proof in any inquiry, trial or proceeding under this Sanhita.
Example
Priya is facing a trial for shop theft. The prosecutor produces a court-certified extract showing Priya's earlier conviction and brings neighbours to confirm it is the same Priya. The court accepts the extract together with the identity evidence as proof of the previous conviction.
Bare Act
Enacted textIn 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,-
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(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
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(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.
Previous year papers
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