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SECTION 75 IPC - Indian Penal Code - Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
Whoever, having been convicted:
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.
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.
IPC 75 in Simple Words
In simple words, if a person, who has previously been convicted and punished for certain serious offenses, commits another offense of a similar nature, they can be sentenced to life imprisonment or imprisonment for up to ten years.
According to section 75 of Indian Penal Code a person who is convicted a second or subsequent time of an offense punishable by Chapter XII, Chapter XVII, and/or a sentence of three years imprisonment, upwards, may be subjected to a much enhanced sentence. 2. It is important to note that this does not mean the court has more competence in trying the defendant.
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