Practice paper — BNS Chapter II — Of Punishments
49 questions · answer key at the end · no time limit
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1.Which of the following punishments is expressly listed in Section 4 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Death
- (B) Restitution to victim
- (C) Mandatory counselling
- (D) Suspension from office
2.Section 4 states that imprisonment is of two descriptions. Which pair correctly names those two descriptions?
- (A) Continuous and intermittent
- (B) Rigorous and Simple
- (C) Indeterminate and definite
- (D) Confinement and correction
3.What, according to Section 4, is meant by 'rigorous' imprisonment?
- (A) Imprisonment with solitary confinement
- (B) Imprisonment without labour
- (C) Imprisonment with hard labour
- (D) Imprisonment as community service
4.Which of the following pairs of punishments listed in Section 4 are directly related to money or property?
- (A) Death and Imprisonment for life
- (B) Rigorous and Simple imprisonment
- (C) Community Service and Imprisonment
- (D) Forfeiture of property and Fine
5.Which of the following correctly describes the relationship between 'Imprisonment for life' and the two descriptions of imprisonment in Section 4?
- (A) Imprisonment for life is listed separately and is distinct from the two descriptions of imprisonment
- (B) Imprisonment for life is one of the two descriptions (rigorous or simple)
- (C) Imprisonment for life is only applicable where there is forfeiture of property
- (D) Section 4 does not mention imprisonment for life
6.Under Section 5 of the Bharatiya Nyaya Sanhita, may the appropriate Government commute a punishment without the consent of the offender?
- (A) Yes, only for non-capital offences
- (B) No, consent of the offender is required
- (C) Yes, the provision expressly permits commutation without the offender's consent
- (D) Yes, but only with the approval of the sentencing court
7.For the purposes of Section 5, which authority is the 'appropriate Government' where the sentence is a sentence of death?
- (A) The Government of the State where the offence was committed
- (B) The Government of the State within which the offender is sentenced
- (C) The Central Government
- (D) Either the Central or the State Government, depending on the victim's domicile
8.A person is sentenced (not to death) for an offence against a law relating to a matter to which the executive power of the Union extends. Which Government is the appropriate Government to commute the sentence under Section 5?
- (A) Central Government
- (B) Government of the State within which the offender is sentenced
- (C) Government of the State where the law was enacted
- (D) Either the Central or the State Government by mutual agreement
9.If an offender is sentenced in State X for an offence against a law relating to a State matter, which Government is the 'appropriate Government' under Section 5?
- (A) Central Government
- (B) Government of the State within which the offender is sentenced
- (C) Government of the State where the law originated
- (D) The President of India
10.Under Section 6 of the Bharatiya Nyaya Sanhita, 2023, how is 'imprisonment for life' to be reckoned when calculating fractions of terms of punishment?
- (A) Twenty years
- (B) Twenty-five years
- (C) Fourteen years
- (D) For the natural life of the prisoner
11.When does the twenty-year equivalence for imprisonment for life not apply according to Section 6?
- (A) On the ground of age of the offender
- (B) If otherwise provided
- (C) Only in appellate proceedings
- (D) Only in cases of capital offences
12.If a rule prescribes "half of the term" as the punishment and the sentence imposed is imprisonment for life, what duration should be used for that fraction under Section 6?
- (A) Half of twenty-five years (12.5 years)
- (B) It cannot be calculated
- (C) Ten years
- (D) Half of the natural life of the prisoner
13.Does Section 6 require treating imprisonment for life as twenty years when calculating whole (non-fractional) terms of punishment?
- (A) Yes — in all calculations of sentence length
- (B) No — it never applies
- (C) Only when another law expressly permits it
- (D) No — it applies only when calculating fractions of terms
14.Which statement correctly captures the effect of the phrase "unless otherwise provided" in Section 6?
- (A) Other provisions may prescribe a different reckoning instead of twenty years
- (B) No other law can alter the twenty-year reckoning
- (C) It limits the rule to cases involving executive orders only
- (D) It applies only if the court expressly states so
15.Under Section 7 of the Bharatiya Nyaya Sanhita, if an offender is punishable with imprisonment which may be of either description, the Court may direct that the imprisonment shall be:
- (A) Wholly rigorous only
- (B) Wholly simple only
- (C) Either wholly rigorous, wholly simple, or any part rigorous and the rest simple
- (D) Either rigorous or simple but not part-wise mixed
16.The phrase "imprisonment which may be of either description" in Section 7 means imprisonment that may be:
- (A) Either rigorous or simple
- (B) Only rigorous
- (C) Only simple
- (D) Either rigorous, simple or both simultaneously as a mandatory mix
17.A statute prescribes imprisonment of 2 years "which may be of either description." Under Section 7, can the Court direct the first year to be rigorous and the second year to be simple?
- (A) No, the Court cannot split the sentence by duration
- (B) Yes; the Court can make any part rigorous and the rest simple
- (C) Only if the legislature expressly allows such a split
- (D) Yes, but only if the shorter part is rigorous
18.If the statutory punishment for an offence allows imprisonment of either description, can the Court under Section 7 direct that the sentence be "wholly rigorous"?
- (A) No, the Court must choose simple if statute lists both
- (B) Yes but only if the offence is aggravated
- (C) No unless the prosecutor specifically requests it
- (D) Yes, it is competent to direct wholly rigorous
19.Does Section 7 empower the Court to change the description of imprisonment where the statutory punishment is prescribed as only "rigorous imprisonment" (i.e., not "either description")?
- (A) Yes, Section 7 always allows changing description
- (B) Yes, but only to make it wholly simple
- (C) No, Section 7 applies only where punishment 'may be of either description'
- (D) No, because the Court must follow sentencing guidelines
20.Under Section 8(1) of the Bharatiya Nyaya Sanhita, 2023, if no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is:
- (A) Nil — no fine may be imposed
- (B) Unlimited, but shall not be excessive
- (C) Capped at a statutory maximum of one lakh rupees
- (D) Fixed proportionate to the maximum imprisonment term
21.When an offence is punishable with fine or community service, what form of imprisonment may the Court impose in default of payment of the fine or in default of community service under Section 8(5)?
- (A) Rigorous imprisonment
- (B) Imprisonment of any description
- (C) Simple imprisonment
- (D) Solitary confinement
22.An offence punishable with imprisonment as well as fine has the maximum imprisonment fixed at 2 years. If the Court directs imprisonment in default of payment of a fine under Section 8(2), what is the maximum term of such default imprisonment permitted by Section 8(3)?
- (A) 3 months
- (B) 6 months
- (C) 1 year
- (D) 2 years
23.Under Section 8(7), within what period may any unpaid fine, or part thereof, be levied after the passing of the sentence?
- (A) Within three years after the sentence
- (B) Only during the term of imprisonment actually suffered
- (C) Within six years after the passing of the sentence, or if the offender is liable to imprisonment for a longer period than six years, then before the expiration of that longer period
- (D) Until the offender's death
24.Which of the following correctly states the combined limitations on imprisonment in default of payment of a fine for an offence punishable with imprisonment as well as fine under Section 8?
- (A) The Court may impose default imprisonment that may exceed any other imprisonment to which the offender has been sentenced, but that default term shall not exceed one‑fourth of the maximum imprisonment fixed for the offence and may be of any description to which the offender might have been sentenced.
- (B) The Court may not impose default imprisonment longer than any other imprisonment already imposed on the offender.
- (C) Default imprisonment may be unlimited provided it is greater than any other sentence imposed on the offender.
- (D) Default imprisonment must always be simple imprisonment and not exceed two months.
25.What is the primary rule stated in Section 9(1) regarding punishment when an offence is made up of parts, some of which are themselves offences?
- (A) The offender shall not be punished with the punishment of more than one of such offences, unless expressly provided.
- (B) The offender may be punished for each part separately as distinct offences.
- (C) The offender must be punished only for the most serious part of the offence.
- (D) All punishments for parts automatically run concurrently and are merged into one.
26.Under Section 9(2)(b), where several acts that individually might constitute offences, when combined, constitute a different offence, what limitation does the provision impose on punishment?
- (A) The offender is immune from punishment for the combined offence.
- (B) The offender shall be punished for each separate act with its full sentence.
- (C) The offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences.
- (D) The offender must receive the sum of punishments for the individual acts.
27.Illustration (a) of Section 9 says A gives Z fifty strokes with a stick. According to the provision and the illustration, how many punishments can A be liable to for the beating?
- (A) A single punishment for the whole beating.
- (B) Fifty separate punishments — one for each blow.
- (C) One punishment for the whole beating and an additional punishment for each blow.
- (D) No punishment unless the law expressly provides for it.
28.In illustration (b), while A is beating Z, A intentionally strikes Y (a separate victim). How does Section 9 describe A's liability?
- (A) A is liable only to one punishment for the whole incident.
- (B) A is liable to the maximum punishment for the more serious of the two acts only.
- (C) A is not liable for the blow on Y because it occurred during the beating of Z.
- (D) A is liable to one punishment for voluntarily causing hurt to Z and to another for the blow given to Y.
29.Which statement correctly captures the stated exception to the single-punishment rule in Section 9(1)?
- (A) The offender may always receive separate punishments for parts that are offences.
- (B) The offender may be punished with more than one punishment only if it is so expressly provided.
- (C) The offender may receive cumulative punishments whenever the prosecutor requests them.
- (D) The offender may be punished more severely if the component acts occurred on different days.
30.According to Section 10 of the Bharatiya Nyaya Sanhita, 2023, if a judgment finds a person guilty of one of several offences but it is doubtful which offence, what punishment should be imposed when the punishments for those offences are not the same?
- (A) Punish for the offence carrying the lowest punishment.
- (B) Punish for the offence carrying the highest punishment.
- (C) Acquit the person because of doubt.
- (D) Impose an average of the available punishments.
31.Which factual situation triggers the application of Section 10 as framed in the provision?
- (A) A judgment that states the person is guilty of one of several offences, but it is doubtful which of these offences he is guilty of.
- (B) Any conviction where multiple offences are proved beyond reasonable doubt.
- (C) When the accused admits guilt to one specific offence.
- (D) When offences are tried summarily rather than on warrant.
32.If a judgment holds it is doubtful whether the accused committed Offence A (punishable with 3 years' imprisonment) or Offence B (punishable with 7 years' imprisonment), what does Section 10 require?
- (A) Impose 3 years' imprisonment (the lower punishment).
- (B) Impose 7 years' imprisonment (the higher punishment).
- (C) Impose both punishments consecutively (10 years).
- (D) Acquit the accused because of the doubt.
33.If the several offences specified in the judgment all carry the same punishment and the court is doubtful which offence the accused committed, what does Section 10 of the Bharatiya Nyaya Sanhita state should be done?
- (A) Section 10 requires punishment equal to that common punishment.
- (B) Section 10 does not prescribe a special rule in that situation.
- (C) Section 10 requires acquittal because of doubt.
- (D) Section 10 requires the court to select the offence with the least moral culpability.
34.Section 10 says the offender shall be punished 'for the offence for which the lowest punishment is provided' when it is doubtful which offence was committed. If two offences tied for the lowest punishment, what does the provision itself specify about which of those tied offences to select?
- (A) It specifies that the court may choose any one of the tied lowest offences.
- (B) It directs the court to select the offence listed first in the judgment.
- (C) It requires selection of the offence involving lesser mens rea.
- (D) The provision is silent on how to choose between multiple offences that share the lowest punishment.
35.According to Section 11 of the Bharatiya Nyaya Sanhita, 2023, what is the maximum total period for which an offender may be kept in solitary confinement?
- (A) One month
- (B) Two months
- (C) Three months
- (D) Six months
36.Under Section 11, when may a court order solitary confinement?
- (A) When a person is convicted of an offence for which the Court has power to sentence him to rigorous imprisonment
- (B) When a person is merely charged but not convicted
- (C) When the court sentences the person only to simple imprisonment
- (D) When the person is acquitted
37.If an offender is sentenced to seven months' imprisonment, what is the maximum solitary confinement the Court may order under Section 11?
- (A) Not exceeding one month
- (B) Not exceeding two months
- (C) Not exceeding three months
- (D) None — solitary confinement is not permitted
38.If the term of imprisonment is exactly one year, what maximum period of solitary confinement may the Court order under Section 11?
- (A) Not exceeding one month
- (B) Not exceeding three months
- (C) Not exceeding one and a half months
- (D) Not exceeding two months
39.If the term of imprisonment exceeds one year, may the Court order solitary confinement in multiple separate periods totaling up to three months under Section 11?
- (A) Yes — the provision allows solitary 'for any portion or portions' totalling up to three months
- (B) No — the order must be a single continuous period
- (C) Yes — but each separate portion is limited to one month
- (D) No — the maximum in such cases is two months
40.Under Section 12, what is the maximum duration that solitary confinement may last 'at a time'?
- (A) 7 days
- (B) 10 days
- (C) 14 days
- (D) 30 days
41.What minimum interval must be observed between periods of solitary confinement under Section 12?
- (A) At least as long as the solitary confinement period
- (B) At least half the duration of the solitary confinement period
- (C) At least twice the duration of the solitary confinement period
- (D) No minimum interval is required
42.If the imprisonment awarded exceeds three months, what is the maximum solitary confinement allowed in any one month of the whole imprisonment?
- (A) 14 days in any one month
- (B) 7 days in any one month
- (C) 3 days in any one month
- (D) No limit in any one month
43.A person is sentenced to exactly three months' imprisonment. Which solitary confinement limit in Section 12 applies?
- (A) The 14 days at a time limit applies
- (B) The 7 days in any one month limit applies
- (C) Neither limit applies
- (D) Only the interval rule applies
44.Does the requirement that intervals between periods of solitary confinement be "of not less duration than such periods" apply when the imprisonment awarded exceeds three months?
- (A) Yes; the provision repeats the interval requirement in the clause for imprisonment exceeding three months
- (B) No; the interval requirement applies only to the 14-day-at-a-time rule
- (C) It applies only if a solitary period itself exceeds seven days
- (D) The text is silent on whether the interval requirement applies in that case
45.Under Section 13, what enhanced punishment is prescribed for every subsequent offence after the specified prior conviction?
- (A) Imprisonment for life, or imprisonment of either description for a term which may extend to ten years
- (B) Imprisonment for life only
- (C) Imprisonment for up to seven years
- (D) Fine only
46.Which of the following prior-conviction conditions is required to invoke Section 13's enhanced punishment?
- (A) A prior conviction by any tribunal outside India for an offence punishable under Chapter X or Chapter XVII
- (B) A prior conviction by a Court in India of an offence punishable under Chapter X or Chapter XVII with imprisonment of either description for a term of three years or upwards
- (C) A prior conviction in India for any offence with a fine or imprisonment of one year
- (D) A prior acquittal followed by a civil liability
47.Does a prior sentence of exactly three years satisfy the threshold in Section 13 for invoking enhanced punishment on a subsequent offence?
- (A) No — the prior sentence must be more than three years
- (B) Only if the prior sentence was in respect of multiple offences
- (C) Yes — the provision requires imprisonment for a term of three years or upwards, so three years qualifies
- (D) Yes, but only if the prior sentence also included a fine
48.If the earlier conviction was under Chapter X and the subsequent offence is under Chapter XVII but is "punishable under either of those Chapters with like imprisonment for the like term," does Section 13 apply?
- (A) No; the subsequent offence must be under the same Chapter as the prior conviction
- (B) Yes; Section 13 applies only if the offences are both under Chapter X
- (C) Yes; Section 13 applies where the subsequent offence is punishable under either Chapter X or Chapter XVII with like imprisonment for the like term
- (D) No; Section 13 applies only when both offences are committed on the same date
49.Does Section 13 increase the punishment for the prior (first) conviction itself?
- (A) Yes — the first conviction is retrospectively enhanced under Section 13
- (B) Yes — but only if the first conviction was by a High Court
- (C) No — the provision applies to "every such subsequent offence," not the earlier conviction
- (D) No — it applies only to offences punishable by fine
Answer key
Explanations
- 1. (A) Section 4 lists the punishments and the first item (a) is Death. The other options are not mentioned in the provided list of punishments.
- 2. (B) Clause (c) of Section 4 says imprisonment is of two descriptions, namely: (1) Rigorous, that is, with hard labour; (2) Simple. Thus the correct pair is Rigorous and Simple.
- 3. (C) Section 4(c)(1) defines rigorous imprisonment as 'with hard labour.' The provision explicitly equates rigorous imprisonment with hard labour.
- 4. (D) Section 4 includes '(d) Forfeiture of property' and '(e) Fine,' both of which are property- or money-related punishments. The other pairs are not monetary or property penalties as listed.
- 5. (A) Section 4 lists (b) Imprisonment for life separately and then (c) Imprisonment, which is of two descriptions: rigorous and simple. This separation shows that 'Imprisonment for life' is a distinct category from the two described types of imprisonment.
- 6. (C) Section 5 states that the appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita. This expressly permits commutation without the offender's consent.
- 7. (C) The Explanation to Section 5(a) specifies that in cases where the sentence is a sentence of death, the Central Government is the appropriate Government.
- 8. (A) Section 5 Explanation(a) states that where the sentence is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government is the appropriate Government.
- 9. (B) Section 5 Explanation(b) provides that where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the appropriate Government is the Government of the State within which the offender is sentenced.
- 10. (A) The provision states: "imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years" when calculating fractions of terms. Therefore life imprisonment is treated as twenty years for such calculations.
- 11. (B) The provision qualifies the rule with the words "unless otherwise provided," meaning the twenty-year reckoning applies except where a different provision specifies otherwise. Thus it does not apply if some other provision provides a different rule.
- 12. (C) Section 6 provides that for calculating fractions of terms, life imprisonment is "reckoned as equivalent to imprisonment for twenty years." Therefore half of the term would be half of twenty years, i.e., ten years.
- 13. (D) The provision begins with "In calculating fractions of terms of punishment," which limits the rule to calculations of fractions. It therefore applies only to fractional calculations, not to calculating whole non-fractional terms.
- 14. (A) The clause "unless otherwise provided" indicates that the default twenty-year equivalence can be displaced by some other provision that provides a different rule. Thus other provisions may prescribe a different reckoning.
- 15. (C) The provision states that the Court may direct that such imprisonment shall be wholly rigorous, wholly simple, or that any part shall be rigorous and the rest simple. Therefore the Court has all three options listed.
- 16. (A) Section 7 applies "in every case in which an offender is punishable with imprisonment which may be of either description," i.e., where imprisonment may be either rigorous or simple. The text does not make mixing mandatory in every case.
- 17. (B) Section 7 explicitly permits the Court to direct that "any part of such imprisonment shall be rigorous and the rest simple." Thus the Court can split the sentence into parts that are rigorous and simple.
- 18. (D) Section 7 provides that it "shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous." Thus the Court may direct a wholly rigorous sentence when imprisonment may be of either description.
- 19. (C) Section 7 begins: "In every case in which an offender is punishable with imprisonment which may be of either description" — indicating it applies only where imprisonment may be either rigorous or simple. It does not apply where the statute prescribes only one description.
- 20. (B) Section 8(1) states that where no sum is expressed the amount of fine is unlimited, but shall not be excessive. Thus the fine is not capped by a stated amount but must not be excessive.
- 21. (C) Section 8(5) explicitly provides that where the offence is punishable with fine or community service, the imprisonment imposed in default shall be simple imprisonment. This contrasts with s.8(4) which allows other descriptions where applicable.
- 22. (B) Section 8(3) limits default imprisonment to not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence. One-fourth of 2 years is 6 months.
- 23. (C) Section 8(7) provides that the unpaid fine may be levied at any time within six years after the sentence, and if the offender is liable to imprisonment for a longer period than six years, then at any time prior to the expiration of that longer period; the offender's death does not discharge liability of property.
- 24. (A) Section 8(2) permits the Court to direct default imprisonment which may be in excess of any other imprisonment to which the offender has been sentenced; s.8(3) limits that term to one-fourth of the maximum imprisonment for the offence; and s.8(4) allows the default imprisonment to be of any description to which the offender might have been sentenced.
- 25. (A) Section 9(1) states that where an offence is made up of parts, the offender shall not be punished with the punishment of more than one of such offences, unless it is expressly provided otherwise. Thus the default rule is a single punishment for the composite offence unless a statute expressly allows otherwise.
- 26. (C) Section 9(2)(b) provides that when several acts combine to form a different offence, the offender shall not be punished with a more severe punishment than the Court could award for any one of such offences. The limit therefore is the maximum punishment applicable to any single offence among them.
- 27. (A) The illustration explains that although each blow could be treated as an offence, A is liable only to one punishment for the whole beating. The provision prevents multiple punishments for parts of the same composite offence.
- 28. (D) Illustration (b) states that the blow to Y is not part of the act causing hurt to Z, so A is liable to one punishment for Z and another for Y. Section 9 allows separate punishments where distinct offences occur that are not parts of the same composite act.
- 29. (B) Section 9(1) explicitly qualifies the single-punishment rule with the phrase 'unless it be so expressly provided', meaning multiple punishments are permitted only where a law expressly provides for them. No other conditions (prosecutor's request or timing) are mentioned as exceptions.
- 30. (A) Section 10 states that where it is doubtful which of several offences a person is guilty of, the offender shall be punished for the offence for which the lowest punishment is provided, provided the same punishment is not provided for all. Therefore the least severe punishment is to be imposed in that situation.
- 31. (A) The provision begins: 'In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty' — so it applies specifically where the judgment records doubt as to which of several offences is proved.
- 32. (A) Section 10 directs that where it is doubtful which of several offences the person is guilty of, the offender shall be punished for the offence for which the lowest punishment is provided, provided the same punishment is not provided for all. Thus the 3-year punishment would be imposed.
- 33. (B) Section 10 applies only where 'the same punishment is not provided for all.' If all offences carry the same punishment, the provision's special rule (punish for the lowest) is not triggered; the provision therefore does not prescribe a different outcome in that case.
- 34. (D) Section 10 directs punishment 'for the offence for which the lowest punishment is provided' when punishments are not the same, but it does not address the situation where more than one offence shares that lowest punishment. The text therefore remains silent on a method of selection in that tied situation.
- 35. (C) The provision states the Court may order solitary confinement 'not exceeding three months in the whole.' Therefore the maximum total period is three months.
- 36. (A) Section 11 begins: 'Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may ... order that the offender shall be kept in solitary confinement.' Thus the power arises on such conviction.
- 37. (B) Clause (b) covers terms that 'shall exceed six months and shall not exceed one year' and allows 'a time not exceeding two months.' Since seven months falls in this bracket, the maximum is two months.
- 38. (D) Clause (b) applies to terms that 'shall exceed six months and shall not exceed one year,' which includes exactly one year, and permits 'a time not exceeding two months.' Therefore the maximum is two months.
- 39. (A) The provision authorises solitary 'for any portion or portions of the imprisonment ... not exceeding three months in the whole' and clause (c) allows 'a time not exceeding three months if the term of imprisonment shall exceed one year.' Thus multiple portions totalling up to three months are permitted.
- 40. (C) The provision states that in executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time. Therefore the maximum 'at a time' duration is 14 days.
- 41. (A) Section 12 requires "intervals between the periods of solitary confinement of not less duration than such periods," meaning the interval must be at least as long as the solitary period itself.
- 42. (B) The provision states that when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded. Thus the monthly maximum in that case is 7 days.
- 43. (A) The 7-day monthly limit applies only "when the imprisonment awarded shall exceed three months." For exactly three months, that special rule does not apply, so the general cap of 14 days at a time (with required intervals) governs.
- 44. (A) Section 12 includes the phrase about intervals of not less duration than such periods both after the 14-day-at-a-time rule and again after the clause for imprisonment exceeding three months. Therefore the interval requirement expressly applies in the >three-months situation as well.
- 45. (A) The provision states that such a person "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." Thus the enhanced punishment is life imprisonment or imprisonment up to ten years.
- 46. (B) Section 13 requires that the person must have been "convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII ... with imprisonment ... for a term of three years or upwards." Convictions outside India or lesser penalties do not meet this textual requirement.
- 47. (C) The provision specifies "imprisonment ... for a term of three years or upwards," so a prior sentence of exactly three years meets the threshold and qualifies for the enhanced punishment on subsequent offences.
- 48. (C) Section 13 refers to prior conviction "of an offence punishable under Chapter X or Chapter XVII" and then to being guilty of "any offence punishable under either of those Chapters with like imprisonment for the like term." Thus a prior under Chapter X and subsequent under Chapter XVII qualify if the subsequent offence is punishable with like imprisonment for like term.
- 49. (C) The provision speaks of a person "having been convicted ..." and then states that where such a person "shall be guilty of any offence ... shall be subject for every such subsequent offence to imprisonment for life, or ... up to ten years." Therefore the enhancement applies to subsequent offences, not to the earlier conviction itself.