Section 250 Evidence Act 2011

Section 250 Evidence Act 2011

Section 250 Evidence Act 2011 is titled ‘Additional mode of proof in criminal proceedings of a previous conviction‘. It is under Part XIII (EVIDENCE OF PREVIOUS CONVICTION) of the Act. It states as follows:

(1) A previous conviction may be proved against any person in any criminal proceedings by the production of such evidence of the conviction as is mentioned in this section, and by showing that his finger prints and those of the person convicted are the finger prints of the same person.

(2) A certificate –
(a) purporting to be signed by or on behalf of the central registrar; and
(b) containing particulars relating to a conviction extracted from the criminal records kept by him or a photographic copy certified as such of particulars relating to a conviction as entered in the said records; and
(c) certifying that the copies of the finger print exhibited to the certificate are copies of the finger prints appearing from the said record to have been taken from the person convicted on the occasion of the conviction, shall be evidence of the conviction and evidence that the copies of the finger prints exhibited to the certificate are copies of the finger prints of the person convicted.

(3) A certificate –
(a) purporting to be signed by or on behalf of the superintendent of a prison in which any person has been detained in connection with any criminal proceedings or by a police officer who has had custody of any person charged with an offence in connection with any such proceedings; and
(b) certifying that the finger prints exhibited to it were taken from such person while he was so detained or was in such custody as mentioned in paragraph (a), shall be evidence in those proceedings that the finger prints exhibited to the certificate are the finger prints of that person.

SEE ALSO  Section 165 Evidence Act 2011

(4) A certificate –
(a) purporting to be signed by or on behalf of the central registrar; and
(b) certifying that the finger prints –
(i) copies of which are certified as mentioned in this section by or on behalf of the central registrar to be copies of the finger prints of a person previously convicted, and
(ii) certified by or on behalf of the superintendent of the prison or the police officer as mentioned in this section or otherwise shown to be the finger prints of the person against whom the previous conviction is sought to be proved are the finger prints of the same person shall be evidence of the matter so certified.

(5) The method of proving a previous conviction authorised by this section shall be in addition to any other method authorised by law for proving such conviction.

(6) For the purposes of this section, “the central registrar” means the person in charge of the principal registry of criminal records established under the Prevention of Crimes Act.

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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