BNS Section 13: Enhanced Punishment for Certain Offences After Previous Conviction
Section 13 of BNS is part of CHAPTER 2 PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act . It addresses the issue of repeat offenders, specifically those convicted of serious offences punishable under Chapters 10 and 17 of the Sanhita. This provides a framework of augmented sentences on persons who, having served a sentence of three years or more for a similar offence, will commit another offence under the same chapters. With this provision, life imprisonment and extension of further terms of ten years for the second and succeeding offences will prevent recurrence and underscore the seriousness of the offence. By taking this approach, BNS aims to improve public security and integrity in the administration of justice dealing with habitual offenders.
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 Section 13 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points of BNS 13
BNS-13 applies to offenses under Chapters 10 and 17.
Differences Between Section 13 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 13 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 13 | Enhanced punishment for certain offences after previous conviction. | 75 | No changes were made except for the corresponding chapter numbers mentioned in the heading are dropped in BNS. |
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FAQs about Section 13 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS 13?
BNS Section 13 outlines enhanced punishment for specific offences committed after a previous conviction.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 13 of the BNS?
Section 13 of the BNS is part of Chapter II, which focuses on punishments in the Bharatiya Nyaya Sanhita 2023 Act.
What criteria determine enhanced punishment under BNS 13?
BNS 13 specifies the conditions under which enhanced punishment is applicable, including the nature of the previous conviction.
How does BNS 13 affect sentencing for repeat offenders?
BNS 13 establishes stricter penalties for repeat offenders, reinforcing the principle of accountability in the justice system.
Are there any exceptions to the enhanced punishment rule in BNS 13?
Yes, BNS 13 outlines certain exceptions where enhanced punishment may not apply, depending on specific circumstances of the case.
What is the rationale behind enhanced punishments in BNS 13?
The rationale is to deter repeat offences and protect society by imposing stricter consequences on habitual offenders.
How does Section 13 of the Bharatiya Nyaya Sanhita (BNS) impact the legal system?
Section 13 strengthens the rule of law by penalising individuals who engage in actions like bribing or threatening witnesses, obstructing legal officers, or hindering court operations.
