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IPC, 1860
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IPCChapter IIISection 75
Section75

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

AI Assist

Summary

If a person was earlier convicted in an Indian court for an offence under Chapter XII or Chapter XVII with imprisonment of three years or more, a later conviction for a similar offence under those Chapters attracts a much heavier sentence. For every such subsequent conviction the court may impose life imprisonment or imprisonment for up to ten years.

Example

Ravi was earlier convicted in India for a Chapter XVII offence and sentenced to three years' imprisonment. Years later he is convicted again for a similar Chapter XVII offence. Under this rule the court can sentence him for that subsequent offence to life imprisonment or to imprisonment for up to ten years.

Bare Act

Enacted text

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.
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III

Chapter III

Of Punishments

In this chapter

  • 53Punishments
  • 53AConstruction of reference to transportation
  • 54Commutation of sentence of death
  • 55Commutation of sentence of imprisonment for life
  • 55ADefinition of “appropriate Government”
  • 56(Repealed) Sentence of Europeans and Americans to penal servitude
  • 57Fractions of terms of punishment
  • 58(Repealed) Offenders sentenced to transportation how dealt with until transported
  • 59(Repealed) Transportation instead of imprisonment
  • 60Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
  • 61(Repealed) Sentence of forfeiture of property
  • 62(Repealed) Forfeiture of property in respect of offenders punishable with death, transportation or imprisonment
  • 63Amount of fine
  • 64Sentence of imprisonment for non-payment of fine
  • 65Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
  • 66Description of imprisonment for non-payment of fine
  • 67Imprisonment for non-payment of fine, when offence punishable with fine only
  • 68Imprisonment to terminate on payment of fine
  • 69Termination of imprisonment on payment of proportional part of fine
  • 70Fine leviable within six years, or during imprisonment – Death not to discharge property from liability
  • 71Limit of punishment of offence made up of several offences
  • 72Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
  • 73Solitary confinement
  • 74Limit of solitary confinement
  • 75Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction
Previous · Section 74Limit of solitary confinementNext · Section 76Act done by a person bound, or by mistake of fact believing himself bound, by law