Section 71 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 71 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the punishment for repeat offenders of certain grave offenses. It stipulates that individuals previously convicted under Sections 64, 65, 66, or 70 of the BNS and subsequently convicted for the same offenses shall face severe penalties.
📜 Text of Section 71
Section 71: Punishment for Repeat Offenders
Whoever has been previously convicted of an offense punishable under Section 64, Section 65, Section 66, or Section 70, and is subsequently convicted of an offense punishable under any of the said sections, shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death
⚖️ Correspondence with Indian Penal Code (IPC)
Section 71 of the BNS, 2023, corresponds to Section 376E of the Indian Penal Code (IPC), 1860, which deals with the punishment for repeat offenders of certain sexual offenses. Both provisions aim to impose stricter penalties on individuals who commit heinous crimes repeatedly, reflecting the severity of their actions.
🔍 Key Points
Applicability: This section applies to individuals previously convicted under Sections 64, 65, 66, or 70 of the BNS, 2023
Offenses Covered:
Section 64: Rape
Section 65: Sexual offenses against minors
Section 66: Violent crimes resulting in death or severe injury
Section 70: Gang rape
Punishments:
Imprisonment for Life: Defined as imprisonment for the remainder of the individual's natural life.
Death Penalty: In extreme cases, where deemed appropriate.
Purpose: To deter habitual offenders and ensure that individuals who repeatedly commit serious crimes face appropriate and severe consequences.(
🧾 Illustrative Example
If an individual is convicted of rape under Section 64 and later commits the same offense again, leading to a second conviction under Section 64, they would be subject to the penalties outlined in Section 71, which could include life imprisonment or the death penalty, depending on the circumstances.
In summary, Section 71 of the BNS, 2023, serves as a stringent deterrent against repeat offenses of serious crimes, ensuring that individuals who persist in committing grave offenses face the most severe legal consequences.
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