Section 13 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 13 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the issue of repeat offenders by stipulating enhanced punishments for individuals convicted of certain serious offenses
Key Provisions of Section 13
Section 13 mandates that if an individual has been convicted by a court in India for an offense punishable under Chapter X or Chapter XVII of the BNS with imprisonment for a term of three years or more, and subsequently commits any offense punishable under either of those chapters with like imprisonment for the like term, they shall be subject to enhanced punishment. The enhanced penalty for every such subsequent offense is either imprisonment for life or imprisonment of either description for a term which may extend to ten years.
Comparison with Indian Penal Code (IPC)
Section 13 of the BNS is analogous to Section 75 of the Indian Penal Code, 1860, which also deals with enhanced punishment for repeat offenders. However, the BNS provides a more structured framework by specifying the chapters (Chapter X and Chapter XVII) and the criteria for enhanced punishment, thereby offering greater clarity and consistency in sentencing.
Purpose and Impact
The primary objective of Section 13 is to deter habitual offenders by imposing stricter penalties for repeated offenses. By introducing provisions such as life imprisonment or extended terms of imprisonment for subsequent offenses, the BNS aims to reinforce the seriousness of criminal behavior and enhance public safety.
This approach reflects a shift towards a more modern and efficient legal system, as emphasized by legal experts during training programs on the new criminal laws, including the BNS. These reforms are designed to make the legal system more accessible and equitable, ensuring that justice is served effectively.
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