IPC 75 vs BNS 75
● Retained in BNSEnhanced punishment for certain offenses after previous conviction
Section 75 of the Indian Penal Code, 1860, provides for enhanced punishment for repeat offenders. It applies when a person, who has previously been convicted of certain serious offenses, commits a similar offense again.
Specifically, IPC 75 applies when a person is convicted of an offense punishable under Chapter XII (Offenses against property) or Chapter XVII (Offenses against person and property, such as robbery, theft, etc.), and later commits the same type of offense after a previous conviction.
In such cases, the offender becomes liable for enhanced punishment, which may extend up to double the maximum term of imprisonment prescribed for the offense, subject to a cap of 10 years.
This provision reflects the principle of deterrence and stricter punishment for habitual offenders, as repeated criminal conduct poses a greater threat to society. At the same time, the law caps the maximum enhanced punishment to maintain proportionality and prevent excessive sentencing.
Thus, IPC 75 strengthens the justice system by addressing recidivism and ensuring repeat offenders face harsher consequences.
Enhanced punishment for certain offenses after previous conviction
Section 75 of the Bharatiya Nyaya Sanhita, 2023, continues the same principle as IPC 75, focusing on repeat offenders. It states that if a person, having been previously convicted of certain serious offenses, commits the same type of offense again, he shall be liable to enhanced punishment.
BNS 75, like IPC 75, covers repeat convictions under offenses involving property and personal safety, such as theft, robbery, and similar crimes. The section empowers the courts to impose stricter penalties on habitual criminals to deter repeated misconduct.
The provision allows punishment to be enhanced up to double the maximum term provided for the offense, with an overall ceiling of 10 years imprisonment. This balance ensures that while repeat offenders are punished more severely, fairness and proportionality are still maintained.
By retaining this rule without major changes, BNS 75 emphasizes the continuing importance of deterring recidivism in Indian criminal law. It aligns with the broader goal of protecting society from habitual offenders while ensuring punishments remain within reasonable limits.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 75 to BNS BNS 75.