Section 71 of the Bharatiya Nyaya Sanhita (BNS)

Section 71 of the Bharatiya Nyaya Sanhita (BNS) 2003 deals with the punishment for repeat offenders 

If a person is convicted of an offence under sections 64, 65, 66 or 70 of the BNS and is convicted again for any of these offences, they can be sentenced to life imprisonment or the death penalty.

Section 71 In Detail

Section 71 enumerates the penalties for a repeat offender in respect of BNS Sections 64, 65, 66 or 70. If such a person is found guilty of any of these offences again, they might be subjected to the death penalty or imprisonment for life, which means they would be in prison until they die.

“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.”

Section 71: Punishment for repeat offenders

In the case of a second offence for the convict found guilty under Section 64, Section 65, Section 66 or Section 70 after having been previously convicted of an offence under any of these sections, the offender shall be punished with rigorous imprisonment for life or shall succumb to the disorders of natural law.

Key Points on BNS 71

BNS-71 addresses the issue of serial sexual offenders and provides for heavy sanctions. The following enumerates the principal components and their meanings.

Repeat Offender Clause
 

• In this instance, the term will apply if the person is convicted again for the same crime after being convicted for any of the crimes under sections 63, 64, 65, 66 or 67.

People Also Read: What is referred to as Section 19 –  Act likely to cause harm, but done without criminal intent and to prevent other harm

Punishments for Repeat Offenders
 

• Life in Prison: If a criminal is found guilty a second time, they could be imprisoned for life, which would mean they would spend the rest of their natural lives behind bars.
   
• Death Penalty: In certain situations, depending on the seriousness of the offence, the repeat offender might also be sentenced to death.  

Sections Referenced
 

• Sections 63 to 67

These subsections refers to grave offenses like 

• Section 63 

Crimes in which a form of sexual assault is committed. 

• Section 64 

Rape Involving Crimes 

• Section 65 

Minors being the victims of sexual abuse. 

• Section 66: 

Murderous or permanently disabling acts of violence against individuals. 

• Section 67

Material dependant spousal rape or sexual assault. 

Uses
 

• The primary objective of this clause is to prevent from happening crimes further in the future, more so crimes that are violent or sexual in nature and this can only be achieved by making the punishment for indulging in such monstrous acts in a greater degree.

BNS-71, which focuses on deterrence and justice for the victims, essentially provides that the most serious sexual and violent crimes will be punishable to the fullest extent of the law, including life imprisonment or the death penalty, to repeat offenders.

Frequently Asked Questions on Section 71 of the Bharatiya Nyaya Sanhita (BNS)

Q1. What does Section 71 of the Bharatiya Nyaya Sanhita (BNS) address?

Ans1. Section 71 of the BNS deals with the punishment for repeat offenders who are convicted of serious offences listed under sections 64, 65, 66 or 70.

Q2. What are the potential penalties for repeat offenders under Section 71 of the BNS?

Ans2. Repeat offenders can be sentenced to life imprisonment or the death penalty if convicted again for offences under sections 64, 65, 66 or 70.

Q3. Which sections of the BNS are referenced in Section 71?

Ans3. Section 71 references sections 63 to 67, which include serious crimes like sexual assault, rape and violent crimes resulting in death or incapacitation.

Q4. What constitutes a repeat offence under Section 71 of the BNS?

Ans4. A repeat offence occurs when an individual who has been previously convicted under sections 64, 65, 66 or 70 is convicted again for any of these offences.

Q5. What is the purpose of Section 71 in the BNS?

Ans5. The deterrent effect of the extreme penalties provided under Section 71 is designed to reduce recidivism, particularly in cases of grave sexual and violent crimes.

Q6. How does Section 71 aim to protect victims of crimes?

Ans6. Section 71 proposes to mitigate this by ensuring that the worst possible punishment in law is meted out to repeat offenders, for instance life imprisonment without parole or capital punishment, to uphold the rights of the victims.

Q7. What types of crimes are considered under sections 63 to 67 in the BNS?

Ans7. These sections cover serious crimes such as sexual assault, rape, sexual offences against minors and violent crimes that result in severe harm or death.

Q8. Is life imprisonment defined in Section 71 of the BNS?

Ans8. Yes, in Section 71, life imprisonment means imprisonment for the remainder of the convicted person’s natural life.

Q9. Can a repeat offender receive both life imprisonment and the death penalty under Section 71?

Ans9. A repeat offender may face either life imprisonment or the death penalty, depending on the seriousness of the offence and the circumstances of the conviction.

Q10. Why is Section 71 considered significant in the context of criminal law?

Ans10. Section 71 is significant as it establishes strict consequences for repeat offenders of serious crimes, thereby reinforcing the legal system’s commitment to deterring violent and sexual offences.

Q11.What was the old IPC code for Section 71 of BNS?

Ans11. In the Indian Penal Code, deals with punishment for repeat offenders was covered in Section Section 376E IPC.