This section punishes any repeat crime harshly.

It applies only to repeat convictions for specific serious sexual offences listed in sections 64, 65, 66, and 70 of the Bharatiya Nyaya Sanhita — not all crimes in general.

The death penalty is mandatory under this section.

The law gives courts a choice between life imprisonment (for the remainder of natural life) or death, meaning judges retain discretion based on case facts.

Bharatiya Nyaya Sanhita, 2023

Section 71

Punishment for repeat offenders

Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.§

Why this exists

This provision reflects a legislative policy of imposing the strictest possible punishment on repeat sexual offenders, based on the idea that a person who commits such a grave crime again after already being convicted shows a pattern that demands the harshest deterrent. It follows a global and Indian legal trend (strengthened after cases like the 2012 Delhi gang rape case) of enhancing penalties for sexual violence, especially repeat and aggravated offences, as part of reforms culminating in the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860.

Common misconceptions

Myth: This section punishes any repeat crime harshly.
Fact: It applies only to repeat convictions for specific serious sexual offences listed in sections 64, 65, 66, and 70 of the Bharatiya Nyaya Sanhita — not all crimes in general.
Myth: The death penalty is mandatory under this section.
Fact: The law gives courts a choice between life imprisonment (for the remainder of natural life) or death, meaning judges retain discretion based on case facts.