Section 13 of the Bharatiya Nyaya Sanhita (BNS) provides for stricter punishments for repeat offenders who have previously been convicted under Chapter X (offenses relating to public servants) or Chapter XVII (offenses against property) and are found guilty of a similar offense again.
Key Provisions:
Who is Covered?
A person who has already been convicted in India for an offense under Chapter X (offenses related to public servants) or Chapter XVII (offenses against property).
The previous conviction must have resulted in at least three years of imprisonment.
If such a person commits another offense under the same chapters with a similar punishment, they will face enhanced penalties.
Enhanced Punishment for Repeat Offenders
For every subsequent offense, the offender may be sentenced to:
Life imprisonment
Rigorous or simple imprisonment for up to 10 years
How It Protects:
Deters habitual criminals by imposing harsher penalties on repeat offenders.
Strengthens legal enforcement against offenders who repeatedly violate laws related to public servants and property crimes.
Ensures public safety by keeping repeat offenders in custody for longer periods.
Example:
If a person was previously convicted of robbery and sentenced to 4 years in prison, and later commits another robbery, they may now face life imprisonment or up to 10 years of imprisonment.
If a corrupt public servant convicted of bribery (3+ years imprisonment) is caught taking bribes again, they will receive enhanced punishment.
