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CHAPTER III OF PUNISHMENTS

Section 75: Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

1[Whoever, having been convicted,—

(a) by a Court in 2[India], of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, 3***

4* * * * *

shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 5[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.]

Footnotes in the official text

  1. 1.Subs. by Act 3 of 1910, s. 2, for section 75.
  2. 2.The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., (w.e.f. 1-4-1951) to read as above.
  3. 3.The word “or” omitted by Act 3 of 1951, s. 3 and the Sch (w.e.f. 1-4-1951).
  4. 4.Cl. (b) omitted by s. 3 and the Sch., ibid. (w.e.f. 1-4-1951).
  5. 5.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.BNS 13

Questions on this section

1 question in 8 of our papers cite Section 75. Try these from the free papers:

  1. 1. Section 13 of the Bharatiya Nyaya Sanhita, 2023 provides enhanced punishment where a person convicted of an offence punishable with imprisonment of three years or upwards under certain Chapters is again guilty of an offence under either of those Chapters. Which are these Chapters?

Practise questions on Criminal Law