Section 71 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 71 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the punishment for repeat offenders convicted of specific serious offences. It is a significant provision aimed at deterring habitual offenders and ensuring stricter penalties for those who repeatedly commit grave crimes.
π Text of Section 71
Section 71 β Punishment for Repeat Offenders
Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that personβs natural life, or with death
βοΈ Equivalent Provision in the Indian Penal Code (IPC)
Section 71 of the BNS, 2023, mirrors the intent and structure of Section 376E of the IPC, which pertains to repeat offenders in cases of sexual offences. Both provisions stipulate severe punishments, including life imprisonment or the death penalty, for individuals convicted of certain serious crimes after having been previously convicted of similar offences.
These sections encompass serious crimes, and the provision under Section 71 ensures that repeat offenders face stringent penalties to deter recidivism.(
ποΈ Legal Classification
Offence Type: Cognizable
Bail Status: Non-bailable
Compoundability: Non-compoundable
Court Jurisdiction: Court of Session
These classifications indicate the gravity of the offences and the legal procedures involved in prosecuting such cases.
π Comparison with IPC Section 376E
| Aspect | Section 71 (BNS, 2023) | Section 376E (IPC) |
|---|---|---|
| Offences Covered | Sections 64, 65, 66, 70 | Sections 376, 376A, 376D, etc. |
| Punishment | Life imprisonment or death | Life imprisonment or death |
| Repeat Offender Clause | Yes | Yes |
Both sections aim to impose severe penalties on repeat offenders to serve as a deterrent against recidivism in serious crimes.
π Conclusion
Section 71 of the BNS, 2023, introduces a robust legal framework to address repeat offenders of severe crimes, aligning with international standards for penal provisions. By mirroring the approach of IPC Section 376E, it emphasizes the state's commitment to upholding justice and deterring habitual criminal behavior.
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