Section 71 BNS: Punishment for Repeat Offenders
Section 71 of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides an enhanced punishment for a person who has already been convicted of an offence punishable under Section 64, 65, 66 or 70 and is later convicted again of an offence punishable under any of those sections.
Text of Section 71 of the Bharatiya Nyaya Sanhita, 2023
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.
Meaning and Scope of Section 71 BNS
Section 71 is a repeat-offender provision within Chapter V of the BNS, which deals with offences against women and children. It is triggered by two stages: first, a previous conviction for an offence punishable under Section 64, 65, 66 or 70; and second, a subsequent conviction for an offence punishable under any one of those same sections.
The section therefore does not apply merely because multiple allegations have been made. Its language requires a prior conviction followed by a subsequent conviction for one of the specified offences.
Essential Requirements of Section 71
- There must be a previous conviction.
- The previous conviction must relate to an offence punishable under Section 64, Section 65, Section 66 or Section 70 of the BNS.
- There must later be another conviction for an offence punishable under any of those sections.
- On satisfaction of these conditions, Section 71 prescribes imprisonment for life for the remainder of the offender's natural life, or death.
Sections Referred to in Section 71
| Provision | Subject | Relevance to Section 71 |
|---|---|---|
| Section 64 | Punishment for rape | A previous or subsequent conviction under this section can attract Section 71. |
| Section 65 | Punishment for rape in certain cases, including rape of a woman under sixteen years or under twelve years | A previous or subsequent conviction under this section can attract Section 71. |
| Section 66 | Punishment where rape causes death or results in the victim being in a persistent vegetative state | A previous or subsequent conviction under this section can attract Section 71. |
| Section 70 | Gang rape | A previous or subsequent conviction under this section can attract Section 71. |
Punishment Under Section 71
The punishment prescribed is either imprisonment for life, expressly meaning imprisonment for the remainder of the person's natural life, or death. The wording makes Section 71 one of the BNS provisions prescribing the most severe penalties.
Important: Section 71 should be read with the exact text and ingredients of Sections 64, 65, 66 and 70. Whether the repeat-offender provision is attracted depends on the existence and legal effect of the earlier conviction and the later conviction.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed July 1, 2024 as the date on which the provisions of the BNS came into force, except sub-section (2) of Section 106.
Official Legal Resources
- India Code - Bharatiya Nyaya Sanhita, 2023 (official text)
- Ministry of Home Affairs - commencement notification dated February 23, 2024
- Ministry of Home Affairs - New Criminal Laws
Related BNS Provisions
The provisions immediately following Section 71 regulate disclosure of a victim's identity and publication of matters relating to certain court proceedings. Related internal links are available in the sidebar for convenient navigation.
This page is intended for general legal information. For a specific case, the statutory text, applicable procedural law and relevant judicial decisions should be examined together.