Legal Provisions of Section 298 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Previous conviction or acquittal how proved:
A previous conviction or acquittal becomes necessary to be proved in various proceedings under the Code. For example—
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1. Where it is pleaded as a bar under Section 300 to a new trial for the same offence;
2. Where the previous conviction is a ground for enhanced punishment under Section 75, IPC;
3. In security proceedings under Chapter VIII of the Code.
This section prescribes special modes of proof of such previous conviction or acquittal in addition to the general modes of proof of such facts prescribed by the Evidence Act.
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Under this section a conviction or an acquittal can be proved by an extract certified to be a copy of sentence or by a certificate signed by an officer-in-charge of the jail.
Evidence as to identity may be proved by—
(i) The examination of the accused as to his name, parentage etc.;
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(ii) By oral evidence,
(iii) An examination of finger prints or impressions.
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