Punishment for repeat offenders
What this section does
This section prescribes enhanced punishment for repeat offenders who have previously been convicted under sections 64, 65, 66, or 70 and are subsequently convicted under any of those same sections. The punishment is imprisonment for life, meaning the remainder of the person's natural life, or death. It is a specific recidivism provision targeting sexual offences.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment for life (remainder of natural life) or death.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused was previously convicted of an offence punishable under section 64, 65, 66, or 70
- Accused is subsequently convicted of an offence punishable under any of those same sections
Practitioner note
This is a mandatory enhanced punishment provision triggered solely by the fact of a prior conviction under the specified sections. The life imprisonment here is explicitly defined as imprisonment for the remainder of the person's natural life, not a fixed term.
Derived from IPC s.376E.
Read the official text
For the binding statutory text of BNS Section 71, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 71 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.