BNS Section 71 : Punishment for Repeat Offenders
Section 71 of BNS is part of Chapter 5- Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It focuses on the punishment for repeat offenders, addressing situations where an individual, having been previously convicted of an offense, commits a subsequent offense of the same nature. This provision is intended to act as a deterrent against habitual criminal behavior by prescribing stricter punishments for repeat offenses.
Definition of BNS Section 71
Section 71 of the BNS 2023 States: Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.
Explanation.—For the purposes of this sub-section, ‘recognised welfare institution or organisation’ means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government.
Explanation and Illustration of Section 71 (Bharatiya Nyaya Sanhita, 2023)
The provision you are referring to appears to impose severe penalties on repeat offenders of certain specified crimes. Let's break it down step-by-step for clarity:
- Applicable Sections:
This provision applies to individuals previously convicted under any of these sections: - Section 64
- Section 65
- Section 66
- Section 70
- These sections likely deal with grave offences, often involving acts such as murder, terrorism, or other heinous crimes
- Repeat Offense:
If a person who has already been convicted under any of these sections commits another offence falling under one of these same sections, this provision applies. - Punishment for Repeat Offenders:
- Imprisonment for Life:
This is not the typical 'life imprisonment,' which usually lasts for 14-20 years. Here, 'imprisonment for life' is explicitly defined as imprisonment for the remainder of the person’s natural life. - Death Penalty:In extreme cases, the individual may face the death penalty.
Purpose:
This provision serves as a deterrent for repeat offenders and addresses the risk they pose to society. By imposing harsher penalties for subsequent convictions, the law aims to ensure stricter accountability and prevent further harm.
Key Points For BNS Section - 71
This provision targets individuals who have been previously convicted for crimes outlined in Sections 63, 64, 65, 66, or 67 and are found guilty again of committing an offense under any of these sections.
Punishments for Repeat Offenders:
Relevant Sections:
This clause aims to impose harsher penalties for repeat offenders, reflecting the severity and persistence of their criminal behavior.
Differences Between Section 71 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 71 and its equivalent Indian penal code IPC section 376E focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 71 | Punishment for repeat offenders. | 376E | No change. |
FAQs about Section 71 of the Bharatiya Nyaya Sanhita (BNS)
What is the goal of Section 71?
The goal of Section 71 is to deter repeat offenses by prescribing harsher punishments for habitual criminals. By imposing stricter penalties, the law aims to reduce the likelihood of individuals committing crimes multiple times, promoting both deterrence and rehabilitation.
Can the court exercise discretion under Section 71?
While Section 71 prescribes stricter penalties for repeat offenders, the court can exercise discretion in determining the severity of the punishment. Factors such as the nature of the crime, the offender's history, and mitigating circumstances may influence the court’s decision on sentencing.
What penalties can be imposed under Section 71?
The penalties under Section 71 may include longer prison sentences, higher fines, or a combination of both, depending on the offense and the offender's prior criminal history. The law ensures that habitual offenders face progressively harsher consequences for their repeated illegal activities.
How does Section 71 impact the rehabilitation of offenders?
Section 71 focuses on punishment for repeat offenders, which may deter individuals from re-offending. However, it also underscores the importance of reforming criminal behavior by imposing penalties that may encourage rehabilitation efforts, such as correctional programs or parole considerations.
Can a first-time offender be sentenced under Section 71?
No, Section 71 is specifically designed for repeat offenders, meaning individuals who have previously been convicted of a crime and commit similar offenses again. First-time offenders do not fall under this provision unless they develop a pattern of habitual criminal behavior.
Is Section 71 applicable in all criminal cases?
No, section 71 applies to specific crimes listed within the BNS, particularly where recidivism is a concern. It is not a blanket provision for all criminal offenses but targets individuals who have a history of committing the same or similar crimes.
What happens if a repeat offender commits a more severe crime under Section 71?
If a repeat offender commits a more severe crime, the court may apply Section 71's enhanced penalties based on the offender’s previous criminal history. The severity of the new crime may also lead to additional charges or harsher punishments under different provisions of the law.
