Punishment for repeat offenders
Section 71 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 16
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 21
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 193
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 346
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 366
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 415
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 418
- Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) s. 149
- s. 72 Disclosure of identity of victim of certain offences, etc
- s. 199 Public servant disobeying direction under law
- Bharatiya Nagarik Suraksha Sanhita s. 21 Courts by which offences are triable
- Bharatiya Nagarik Suraksha Sanhita s. 193 Report of police officer on completion of investigation
- Bharatiya Nagarik Suraksha Sanhita s. 346 Power to postpone or adjourn proceedings
and 4 more
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Repeat 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. |
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… arrested: - (f) whether the accused has been released on his bond or bail bond; - (g) whether the accused has been forwarded in custody under section 190; - (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; - (i) the sequence of custody in case of electronic device; - (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim; - (iii) the officer shall …
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… (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim;  whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim; (iii) the …
Questions about Section 71
What does Section 71 of the Bharatiya Nyaya Sanhita deal with?
Section 71 of the Bharatiya Nyaya Sanhita is headed "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
Is Section 71 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 71 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 71 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 71, section 71 BNS, section 71 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 71 punishment and bns 71 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 71 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 64 (Punishment for rape), section 65 (Punishment for rape in certain cases), section 66 (Punishment for causing death or resulting in persistent vegetative state of victim), section 70 (Gang rape), so none of them can safely be read on its own. 16 other provisions in this corpus refer back to it.
When did Section 71 of the Bharatiya Nyaya Sanhita come into force?
Section 71 of the Bharatiya Nyaya Sanhita, cited as BNS 71, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.