Section 75 IPC: Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Indian Penal Code, 1860

Section 75 IPC at a Glance

Section 75 IPC deals with enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction. From 1 July 2024 it is replaced by Section 13 BNS.

Punishment

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

BNS Equivalent

Section 13 →

Section 75 IPC Bare Act Text

75. 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.

Source: Section 75, Indian Penal Code, 1860

Section 75 IPC in Simple Words

Section 75 of the Indian Penal Code (IPC) raises the punishment for a repeat offender.

A person who has been convicted by a Court in India of an offence punishable under Chapter XII or Chapter XVII of the Code with imprisonment of either description for a term of three years or upwards, and who is later guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, is 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 XII deals with coin and Government stamps and Chapter XVII with offences against property.

Ingredients of Section 75 IPC

  • The person has been convicted by a Court in India of an offence punishable under Chapter XII or Chapter XVII of the Code
  • 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
  • He is then 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

Punishment Under Section 75 IPC

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 75 IPC raises the punishment for a repeat offender. It has no entry in the First Schedule to the CrPC.

Example of Section 75 IPC

In 2014 in Lucknow, a Sessions Court in India convicted Suraj of possessing a counterfeit Government stamp under Section 259 IPC, an offence under Chapter XII punishable with imprisonment of either description for a term of three years or upwards. After completing his sentence, Suraj was tried in 2020 in Lucknow and found guilty of extortion under Section 384 IPC, an offence under Chapter XVII also punishable with imprisonment of either description for three years. For that subsequent offence, Suraj became subject to imprisonment for life or imprisonment of either description for up to ten years under Section 75 IPC.

When Section 75 IPC Does Not Apply

  • Section 75 IPC does not apply when the offender's prior conviction was entered by a foreign court rather than a court in India.
  • Section 75 IPC does not apply when either the earlier offence or the subsequent offence falls outside Chapter XII and Chapter XVII of the Indian Penal Code.
  • Section 75 IPC does not apply when the prior offence or the subsequent offence is punishable with a maximum imprisonment term of less than three years.
  • Section 75 IPC does not apply when the offender is merely accused of a prior offence without having been convicted of it before committing the subsequent offence.

Section 75 IPC in the BNS

Section 75 IPC is now covered under Section 13 BNS.

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 detailed comparison (IPC 75 vs BNS 13) →

FAQs on Section 75 IPC

What does Section 75 IPC say?▼

That a person convicted by a Court in India of an offence under Chapter XII or Chapter XVII punishable with imprisonment for three years or upwards, who is later guilty of an offence under either Chapter with like imprisonment for the like term, is subject for each such subsequent offence to enhanced punishment.

Which offences does Section 75 IPC cover?▼

Offences under Chapter XII, which deals with coin and Government stamps, and Chapter XVII, which deals with offences against property.

Under Section 75 IPC, what is the enhanced punishment?▼

For each such subsequent offence, imprisonment for life or imprisonment of either description for up to ten years.

Does Section 75 IPC apply if the earlier offence carried a lighter term?▼

No. The earlier offence must be punishable with imprisonment of either description for a term of three years or upwards.

What is the BNS equivalent of Section 75 IPC?▼

Section 13 BNS, which names Chapter X in place of Chapter XII.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·