Code: Section 71 BNS
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.
Explanation of Section 71 BNS
1. Applicability of Section 71 BNS
This section applies to repeat offenders convicted under:
- Section 64 BNS – Punishment for Rape
- Section 65 BNS – Rape of a Minor
- Section 66 BNS – Rape Leading to Death or Permanent Injury
- Section 70 BNS – Gang Rape
2. Punishment for Repeat Offenders
- Life Imprisonment – Remainder of the offender’s natural life.
- Death Penalty – In extreme cases, based on the court’s discretion.
3. Why This Section Is Important
- Acts as a deterrent for repeat offenders.
- Ensures strict punishment for individuals who continue to commit sexual crimes despite previous convictions.
- Reinforces the zero-tolerance policy for heinous crimes like rape and sexual violence.
Illustrations
Example 1: A Person Convicted of Rape Twice
A man convicted under Section 63 BNS for rape is released after serving his sentence. If he commits rape again, he will be punished under Section 71 BNS, facing life imprisonment or the death penalty.
Example 2: Gang Rape Repeat Offender
If an individual is convicted under Section 70 BNS for gang rape and later participates in another gang rape, the punishment under Section 71 BNS applies.
Example 3: Authority Figure Exploiting a Victim Multiple Times
A teacher convicted under Section 68 BNS for sexually exploiting a student is caught repeating the crime. Under Section 71 BNS, he may face life imprisonment or the death penalty.
Common Questions & Answers
1. What qualifies as a repeat offence under Section 71 BNS?
A person must have been previously convicted under any of the sections related to rape or sexual violence and then commits another similar offence.
2. Does the section apply to minors?
If the offender is a juvenile, the punishment depends on juvenile justice laws. However, if tried as an adult, they can face life imprisonment or the death penalty.
3. Can a person get the death penalty for a second offence under Section 71 BNS?
Yes, the court has the discretion to award the death penalty if the crime is particularly heinous.
4. Is life imprisonment under Section 71 BNS without parole?
Yes, life imprisonment under this section means imprisonment for the remainder of the person’s natural life.
5. How does this law prevent repeat offences?
The strict punishment under this section serves as a deterrent, ensuring repeat offenders do not get a chance to commit further crimes.
Conclusion
Section 71 BNS ensures that individuals convicted of sexual offences do not get a second chance to harm society. The provision of life imprisonment or the death penalty reflects India’s commitment to severe punishment for repeat offenders.
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