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Section 13: Enhanced Punishment for Repeat Offences After Previous Conviction

Bharatiya Nyaya Sanhita • Chapter II: Of Punishments • Official Statutory Text & Legal Guide

Chapter II: Of Punishments
Court of Session / CJM
Non-Bailable
Cognizable
Formerly Sec 75 IPC
Section 12 All 358 Sections of Bharatiya Nyaya Sanhita Section 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 provides for enhanced punishment for certain offences under Chapter X (Coin & Currency) or Chapter XVII (Property) after previous conviction, authorizing imprisonment for life or up to ten years for habitual repeat offenders.

  • Targeted Chapters: Applies to offences relating to coin and currency notes, and offences against property punishable with imprisonment for three years or upwards.
  • Prior Conviction Prerequisite: The offender must have been previously convicted of an offence under either of those Chapters.
  • Enhanced Penal Ceiling: Authorizes the court to award imprisonment for life or imprisonment of either description for a term extending up to ten years.
Key Landmark Precedents:
  • State of Maharashtra v. Sukhdeo Singh (1992) 3 SCC 700: The Supreme Court noted that enhanced sentencing under repeat offender provisions requires strict compliance with charge framing and proof of prior conviction.
  • K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605): Examined previous convictions, clarifying that prior offences must be specifically put to the accused under procedural codes before enhanced punishment applies.
Courtroom Practice & Strategic Litigation Guidance:

In defending against an enhanced sentence under Section 13 BNS, verify whether the prosecution complied with Section 234 BNSS (former 211 CrPC): if previous convictions were not specifically stated in the charge and proved, enhanced sentence cannot be imposed.

Section 12 All 358 Sections of Bharatiya Nyaya Sanhita Section 14