Previous conviction of acquittal how proved
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Summary
When a prior conviction or acquittal must be proved in any inquiry, trial or proceeding, a certified extract from the court records may be used. For convictions, a jail officer’s certificate or the warrant of commitment can also be produced. In every case the court needs evidence that the accused is the same person who was previously convicted or acquitted.
Example
Priya is on trial for theft and the prosecutor wants to show an earlier conviction. The police produce a certified extract of the old sentence from the court records and a witness who identifies that the accused is the same Priya. The court can accept the extract as proof of the prior conviction if identity is established.
Bare Act
Enacted textIn 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,
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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.
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