Bharatiya Nyaya Sanhita, 2023

BNS Section 71

Punishment for repeat offenders

In one line

BNS Section 71 deals with punishment for repeat offenders and replaces IPC 376E.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
71Repeat offenders.Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life or with death.Cognizable.Non-bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 71

71. 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.

Frequently asked

What was BNS Section 71 in the IPC?

BNS Section 71 (Punishment for repeat offenders) replaces Section 376E of the Indian Penal Code, 1860. IPC 376E is now BNS 71.

What is the punishment under BNS 71?

Repeat offenders – punishable with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 71 bailable?

Non-bailable: BNS 71. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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