BNS Section 13: Enhanced punishment for certain offences after previous conviction (formerly IPC 75)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 13: Enhanced punishment for certain offences after previous conviction
From 1 July 2024
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.
What it replaced in the IPC
BNS 13 ← IPC 75 · Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous convictionChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: No changes were made except for the corresponding chapter numbers mentioned in heading are dropped in BNS.
Printed in both official correspondence tables (BPR&D and NCRB).
Whoever, having been convicted,—
(a) by a Court in [India], of an offence punishable under Chapter XII or Chapter XVII of this Code 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.]
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 75
They remain the law on IPC 75. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 5.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 24.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.