Section 13 of the Bharatiya Nyaya Sanhita (BNS), 2023
Certainly! Here's a detailed explanation of Section 13 of the Bharatiya Nyaya Sanhita (BNS), 2023, which addresses enhanced punishment for repeat offenders:
๐ Section 13: Enhanced Punishment for Certain Offences After Previous Conviction
Text of Section 13:
"Whoever, having been convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years."
๐ Key Points of Section 13:
Application to Repeat Offenders:
This section applies to individuals who have previously been convicted of offenses under Chapter X or Chapter XVII of the BNS.
The previous conviction must have resulted in a sentence of three years or more.
Enhanced Punishment for Subsequent Offenses:
If the individual commits another offense under the same chapters (X or XVII), they are subject to enhanced punishment.
The enhanced punishment can be:
Imprisonment for life, or
Imprisonment for a term up to ten years.
Purpose:
The provision aims to deter habitual offenders by imposing stricter penalties for repeated offenses.
It underscores the seriousness with which the legal system treats recidivism, particularly concerning grave offenses.
โ๏ธ Comparison with Indian Penal Code (IPC):
Section 13 of the BNS is similar to Section 75 of the Indian Penal Code (IPC), which also deals with enhanced punishment for repeat offenders. However, the BNS specifies the chapters (X and XVII) under which the offenses must have been committed for the enhanced punishment to apply. This clarification provides a more structured approach to identifying and penalizing habitual offenders.
๐งพ Illustrative Example:
Scenario:
Person A is convicted of a serious offense under Chapter X of the BNS and sentenced to 5 years in prison.
After serving the sentence, Person A commits another offense under the same chapter.
Outcome:
Under Section 13, Person A would be subject to enhanced punishment, which could be:
Imprisonment for life, or
Imprisonment for a term up to ten years.
๐ Summary:
Section 13 of the BNS, 2023, serves as a deterrent against habitual offenders by prescribing enhanced punishments for those convicted of serious offenses under Chapters X or XVII, who commit subsequent offenses. This provision aligns with the principle of retributive justice, ensuring that repeat offenders face more severe consequences to protect society and uphold the rule of law.(
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