BNS Section 13: Enhanced Punishment for Certain Offences After Previous Conviction

Definition of BNS Section 13

Whoever, having been convicted by a Court in India, of an offence punishable under Chapter 10 or Chapter 17 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.

Explanation and Illustration of BNS Section 13

Section 13 provides for severe punishment to raise the intensity of the sentence against those offenders who, having undergone a sentence of three years or more under Chapters 10 or 17, again commit the same offence.

Explanation

Offences Covered: The offence particularly deals with those convicted of serious offences classified under Chapters 10 and 17, which involve the most serious violations of law and society.

Increased Penalty: He has already been convicted and imprisoned for a period of more than three years and is severely punished. The law provides life imprisonment or imprisonment for a term extending to ten years for every conviction after the first one. This increased punishment has always warned people against repeating crimes.

Aims: The task of this section is mainly to improve public safety and address concerns associated with habitual offenders. Implementing more severe penal sanctions, the BNS hopes to drive home such offences as grave and a means of driving home an effective justice system.

Illustration

Take an example of a person, A, who commits an offence punishable under Chapter 10. He has been sentenced to five years of imprisonment for the offence committed. After serving his jail term, he again commits an offence again under the same chapter. As stated in Section 13, he shall again be given high punishment. The court shall send him to life imprisonment or may give him a term which may even extend to ten years for this crime.

This structured response is a means not only to strengthen the consequences of repetitive criminal behaviour but also to reveal a deeper commitment to the maintenance of public order and safety in society. In the clear detailing of the penalties pertaining to habitual offenders, Section 13 assumes a strategic place in the general framework of justice outlined in the Bharatiya Nyaya Sanhita.

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