Enhanced punishment for certain offence under Chapter XII or Chapter XVII after previous conviction
Section 75 of the Indian Penal Code, 1860 deals with enhanced punishment for certain offence under Chapter XII or Chapter XVII after previous conviction. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.--Whoever, having been convicted,- (a) by a Court in [India], of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.--Whoever, having been convicted,-
(a) by a Court in [India], of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards,
* * * *
shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to [imprisonment for life] or to imprisonment of either description for a term which may extend to ten years.]
CHAPTER IV
GENERAL EXCEPTIONS
CHAPTER IV
GENERAL EXCEPTIONS
Section 75, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 13 Enhanced punishment for certain offences after previous conviction Close, with changes 72%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 8
- Andhra Pradesh Children Act s. 83
- Code of Criminal Procedure s. 484 Repeal and savings
- Code of Criminal Procedure Act s. 484 Repeal and savings
- Crpc 1973 s. 484 Repeal and savings
- Himachal Pradesh Panchayati Raj Act s. 76 Conviction by Gram Panchayat not to be a previous conviction
- Punjab Panchayati Raj Act s. 54 Conviction by Gram Panchayat not Previous Conviction
- Telangana Children Act s. 91
- Uttar Pradesh Children Act s. 83
Questions about Section 75
What does Section 75 of the Indian Penal Code deal with?
Section 75 of the Indian Penal Code is headed "Enhanced punishment for certain offence under Chapter XII or Chapter XVII after previous conviction". Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.--Whoever, having been convicted,- (a) by a Court in [India], of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years
How do I find court cases under Section 75 of the Indian Penal Code?
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: IPC 75, section 75 IPC, section 75 of the Indian Penal Code. People searching for it also type ipc 75(2). 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 75 of the Indian Penal Code, and has it changed?
8 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 13 (Enhanced punishment for certain offences after previous conviction), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 75 of the Indian Penal Code come into force?
Section 75 of the Indian Penal Code, cited as IPC 75, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.