IPC Section 75 — Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Summary

If a person has already been convicted in an Indian court for an offence under Chapter XII or Chapter XVII of the Indian Penal Code that carries a prison term of three years or more, and then commits another offence under either of those chapters that also carries a prison term of three years or more, that person can be punished for the later offence with life imprisonment or with imprisonment of any kind for up to ten years.

Official Text

Whoever, having been convicted: 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.

Related Judgments

• RAJENDRA PRALHADRAO WASNIK vs STATE OF MAHARASHTRA — Supreme Court of India (2018)
• PRATAP vs STATE OF U.P — Supreme Court of India (1972)
• Sriskandaraja @ Suresh @ Khalifa vs State by:, The Intelligence Officer,, Narcotics Control Bureau,, South — Madras High Court (Principal Bench, Chennai) (2014)

Old <-> New Code Mapping

• BNS §13 — Enhanced punishment for certain offences after previous conviction