Section 13 BNS: Enhanced Punishment after Previous Conviction

Section 13 of the Bharatiya Nyaya Sanhita (BNS) provides for enhanced punishment in the case of repeat offenders. It states that if a court in India has already convicted an individual for an offence punishable under Chapter X or Chapter XVII with imprisonment of three years or more, and is later convicted again for a similar offence, then such a person shall be liable to life imprisonment or imprisonment for a term which may extend to ten years. This provision targets habitual offenders by prescribing stricter punishment for subsequent convictions of a comparable nature under the specified chapters. Explore other important Judiciary Notes.

Section 13 BNS: Enhanced punishment for certain offences after previous conviction

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.

Note: “The information provided on Section 13 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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Section 13 BNS Simplified Interpretation

Section 13 of Bharatiya Nyaya Sanhita (BNS) focuses on habitual offenders particularly under Chapter X (which relates to offences against public servants and the justice system) and Chapter XVII (which deals with offences against property like theft, robbery, and dacoity). The idea behind Section 13 BNS is to impose stricter consequences on individuals who, even after being convicted once and serving a sentence of three years or more, go on to commit another offence of a similar nature under the same chapters. If such a repeat offence occurs, the Court has the authority to punish the person more severely, this could mean life imprisonment or imprisonment for a term of up to ten years along with a fine.

For an offence to be punishable under Section 13 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1. Prior Conviction

Section 13 of the Bharatiya Nyaya Sanhita requires that the person must have already been convicted for any offence mentioned under Chapter X or Chapter XVII. This prior conviction is necessary because it makes the person a repeat offender.

2. Offence Must Fall Under Chapter X or Chapter XVII

The previous offence and the new one must both fall under either Chapter X or Chapter XVII of the Sanhita for Section 13 of the BNS to apply. Chapter X relates to offences involving public servants or obstruction of justice like preventing a public servant from doing their duty or giving false evidence. Chapter XVII deals with crimes against property, such as theft, robbery, or dacoity.

3. Punishable with Three Years or More

The offence the person was first convicted of must be punishable with three years' imprisonment or more. The offence must fall under chapter X or Chapter XVII for section 13 BNS to apply

4. Commission of a Subsequent Similar Offence

For the enhanced punishment under Section 13 of BNS to apply, the person must commit another offence again under Chapter X or Chapter XVII that is punishable with a similar sentence of three years or more. 

Section 13 BNS and Section 75 IPC Comparison 

Section 13 BNS essentially retains the core of Section 75 of the Indian Penal Code, with no changes being done in the punishment or in the main definition, only corresponding chapter numbers are altered. 

Provision Element	Section 13 BNS	Section 75 IPC
Main definition	Whoever, having been convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita with …. offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.	Whoever, having been convicted,— (a) by a Court in [India], of an offence punishable under Chapter XII or Chapter XVII of this ….. description for a term which may extend to ten years.]

Section 13 BNS Judicial Interpretation

Judicial interpretation of Section 13 BNS by Indian courts has been an outlining factor in determining the ambit of section 13 of BNS, mentioned hereinafter are some of the landmark judgments :

Ayodhya Singh vs. State of Rajasthan (1972)

In this case the Supreme Court upheld the conviction of the appellant under Sections 457 (lurking house-trespass or house-breaking by night in order to commit offense), now under Section 331 BNS and 380 (theft in dwelling house), now under Section 305 BNS read with Section 75 of the Indian Penal Code (IPC), now Section 13 of BNS. The application of Section 75 IPC, now Section 13 BNS, centered on the fact that Ayodhya Singh had previous convictions, making him liable for enhanced punishment. While the primary legal discussion revolved around the presumption under Section 114 of the Indian Evidence Act regarding the recent possession of stolen goods (leading the Court to conclude that Ayodhya Singh was the thief rather than merely a receiver), the very basis for the enhanced sentence explicitly relied on his history of similar offences, as mandated by Section 75 IPC, now Section of 13 BNS. 

 Pratap vs. State of U.P. (1972)

In this case, the Supreme Court extensively discussed Section 75 of the Indian Penal Code (IPC), now Section 13 of the BNS, regarding the procedure for proving previous convictions and its impact on sentencing. The core law point is that Section 75 IPC, now Section 13 of BNS, allows for enhanced punishment for certain repeat offenders. Specifically, those previously convicted of offenses under Chapter X (Offenses relating to Coin and Government Stamps) or Chapter XVII (Offenses against Property) of the BNS, punishable with imprisonment of three years or upwards, who then commit another offense under those same chapters with similar punishment. The Court clarified that for Section 75 IPC, now Section 13 BNS, to apply, it is sufficient that the person has been previously convicted; the previous sentence need not necessarily be "in force" at the time of the subsequent offence.

Conclusion

By prescribing enhanced punishment under Section 13 BNS including life imprisonment for those convicted a second time under Chapter X or XVII, Section 13 of BNS sends a clear and firm message: the legal system takes repeat criminal behavior seriously. Section 13 of BNS reinforces the idea of accountability and aims to protect society by imposing stricter punishment on habitual offenders who continue to commit serious offences, especially those that threaten public order or violate property rights.