The criminal justice system of India saw a major change on 1st July, 2024 with the enactment of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) & Bharatiya Sakshya Adhiniyam (BSA). These Acts replaced the Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The new laws aim to modernize the system and enhance fairness, clarity and accountability in legal processes.

Section 71 BNS is a part of Chapter V of Offences against Woman and Child of sexual offences. It focuses on punishing repeat offenders who have earlier been convicted under specific serious sections. If they are convicted again for similar offences they are sentenced to life imprisonment i.e., for the rest of their natural life or death penalty. The purpose of Section 71 of Bharatiya Nyaya Sanhita is to deter habitual offenders and safeguard society from recurring violent or sexual crimes. Explore other important Judiciary Notes.

Section 71 BNS

Punishment for repeat offenders

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.

Note: “The information provided 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.”

Section 71 BNS Interpretation

Section 71 BNS is enacted to deal with the repeated offenders of serious crimes It introduces enhanced penalties to ensure justice, deterrence and protection of society.

• Focus on Habitual Offenders
  Section 71 of Bharatiya Nyaya Sanhita punishes individuals who have already been convicted under Section 64 to Section 67 BNS and committed another of similar nature. It ensures severe punishment for repeat violations
• Harsh Punishment
  The provision mandates

1. Life imprisonment or
2. Death penalty

• Applicable offences
  Section 71 BNS applies to repeat convictions under the following sections 

1. Section 64
2. Section 65
3. Section 66
4. Section 67

Section 71 BNS Example: If A who was earlier convicted under Section 64 of Bharatiya Nyaya Sanhita. After completion of his sentence he commits the same offence again. Under Section 71 BNS, A becomes a repeat offender and can be sentenced to life imprisonment or even death penalty depending on the gravity of the case.

Download 5 Key take aways on Section 71 BNS PDF

Section 71 BNS is punitive and preventive in character. It is inserted to impose stringent punishment on individuals who repeatedly commit serious offences especially for those involving sexual violence or severe bodily harm. Now the question is whether Section 71 BNS is bailable or not? Section 71 of Bharatiya Nyaya Sanhita is -

• Cognizable: Police can arrest the accused without a warrant.
• Non-bailable: The accused cannot claim pre-trial bail as a matter of right.
• Non-compoundable: The case cannot be settled through mutual agreement.
• Trial Process: The offence is triable only in the Court of Sessions.

Comparison of Section 71 BNS vs Sections of IPC

The following highlights the differences between Section 71 of Bharatiya Nyaya Sanhita and Section 376E under Indian Penal Code.

Conclusion

Section 71 of Bharatiya Nyaya Sanhita bolstered the stance of country against repeat offenders of serious offences especially those involving sexual violence and severe harm. Its essence remains similar to Section 376E of Indian Penal Code. The Section 71 BNS provision reflects a more consolidated and reform-oriented approach.