Enhanced punishment for certain offences after previous conviction
What this section does
Provides for enhanced punishment for repeat offenders convicted of certain serious offences. A person previously convicted of an offence under Chapter X or Chapter XVII carrying imprisonment of three years or more, who is again convicted of a similar offence under those chapters, is liable to imprisonment for life or imprisonment of either description for up to ten years.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.
- Triable by
- Sessions Court
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- Prior conviction by a court in India of an offence under Chapter X or Chapter XVII of the BNS
- The prior offence must have been punishable with imprisonment (rigorous or simple) for three years or more
- Subsequent commission and conviction of another offence under Chapter X or Chapter XVII punishable with like imprisonment for a like term
Practitioner note
This is an enhanced punishment provision applicable to repeat offenders; the underlying offence must fall under Chapter X (relating to contempt of lawful authority) or Chapter XVII (offences against property). The enhanced punishment is in addition to, and replaces, the ordinary punishment for the subsequent offence.
Derived from IPC s.75.
Read the official text
For the binding statutory text of BNS Section 13, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 13 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.