Section 13 BNS: Enhanced punishment for certain offences after previous conviction

Bharatiya Nyaya Sanhita, 2023

Section 13 BNS at a Glance

Section 13 BNS deals with enhanced punishment for certain offences after previous conviction. It replaced Section 75 IPC on 1 July 2024.

Punishment

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, for every such subsequent offence.

IPC Equivalent

Section 75 →

Section 13 BNS Bare Act Text

13. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Whoever, having been convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita 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.

Source: Section 13, Bharatiya Nyaya Sanhita, 2023

Section 13 BNS in Simple Words

Section 13 of the Bharatiya Nyaya Sanhita (BNS) provides for enhanced punishment for repeat offenders convicted of certain offences under Chapter X (offences relating to coin, currency-notes, bank-notes, and Government stamps) or Chapter XVII (offences against property).

It applies when a person has previously been convicted by a Court in India of an offence under either of those Chapters that is punishable with imprisonment of either description for a term of three years or upwards, and is then found guilty of a subsequent offence under either Chapter punishable with like imprisonment for the like term.

For every such subsequent offence, the offender is subject to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.

Ingredients of Section 13 BNS

  • The person has been convicted by a Court in India of an offence punishable under Chapter X or Chapter XVII of this Sanhita
  • That offence is punishable with imprisonment of either description for a term of three years or upwards
  • He is later guilty of any offence punishable under either of those Chapters with like imprisonment for the like term

Punishment Under Section 13 BNS

Imprisonment

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, for every such subsequent offence.

Fine

None.

Section 13 BNS raises the punishment for a repeat offender. It has no entry in the First Schedule to the BNSS.

Example of Section 13 BNS

In Jaipur, Vikram is convicted of theft in a dwelling house under Section 305 BNS, an offence in Chapter XVII punishable with imprisonment of up to seven years. Years later he is convicted of criminal breach of trust under Section 316(2) BNS, also in Chapter XVII and punishable with imprisonment of up to five years. Under Section 13 BNS he is subject for this subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.

When Section 13 BNS Does Not Apply

  • The earlier conviction was by a Court outside India
  • The earlier offence was not punishable under Chapter X or Chapter XVII with imprisonment of either description for a term of three years or upwards
  • The later offence is not punishable under either of those Chapters with like imprisonment for the like term

Section 13 BNS in the IPC (Previous Law)

Section 13 BNS replaces Section 75 IPC from the old criminal code.

Section 13 BNS keeps the rule and the enhanced punishment of imprisonment for life or up to ten years. It names Chapter X in place of Chapter XII, the BNS chapter on coin, currency-notes, bank-notes and Government stamps, and keeps Chapter XVII. It refers to this Sanhita in place of this Code, folds the lettered clause into one sentence, and has a shorter heading without the words under Chapter XII or Chapter XVII.

View IPC Section 75 →

FAQs on Section 13 BNS

What does Section 13 of the Bharatiya Nyaya Sanhita mean if someone is convicted again after an earlier conviction?▼

Section 13 BNS allows enhanced punishment for a later offence in a limited situation. It applies when a person was already convicted by a Court in India for an offence under Chapter X or Chapter XVII punishable with imprisonment of three years or more, and then commits another offence under either of those Chapters punishable in the same way.

What must the prosecution prove to use Section 13 BNS for enhanced punishment?▼

The prosecution must show a previous conviction by a Court in India. It must also show that the earlier offence was under Chapter X or Chapter XVII and punishable with imprisonment for three years or upwards, and that the later offence is again under either of those Chapters with like imprisonment for the like term.

What punishment is prescribed under Section 13 BNS for a subsequent offence after a previous conviction?▼

The section says the person shall be subject for every such subsequent offence to imprisonment for life, or imprisonment of either description for a term which may extend to ten years. This enhanced punishment applies only if the conditions written in Section 13 BNS are met.

Does Section 13 BNS create a separate offence, or does it only increase punishment after a previous conviction?▼

Section 13 BNS is about enhanced punishment after a previous conviction, not a separate new offence by itself. The later act still has to be an offence under Chapter X or Chapter XVII that fits the conditions stated in the section.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·