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.
IPC Section 75: Simplified Explanation
IPC Section 75 of the Indian Penal Code (IPC) is designed to impose enhanced punishment on individuals who are convicted of certain offences under Chapter XII (Offences Relating to Coin and Government Stamps) or Chapter XVII (Offences Against Property), provided they have previously been convicted of the same or different offences within these chapters. This section acts as a deterrent against repeat offences by escalating the penalties for individuals with a history of engaging in such criminal activities.
Key Provisions of IPC Section 75:
- Applicability to Repeat Offenders: Section 75 specifically targets repeat offenders, applying to those who, having been previously convicted of an offence punishable under Chapter XII or Chapter XVII, are subsequently convicted of another offence within the same chapters.
- Enhanced Punishment: Upon conviction for a subsequent offence under the specified chapters, the individual is subject to enhanced punishment. The IPC stipulates that such an individual can be imprisoned for a term that may extend to life imprisonment, depending on the nature of the subsequent offence and its severity. This is significantly harsher than the punishment for first-time offenders.
- Proof of Previous Conviction: For the enhanced punishment to be applicable, the previous conviction must be proven as part of the proceedings of the subsequent offence. This ensures that the enhanced penalties are imposed based on a verified record of prior criminal behaviour.
Importance of IPC Section 75:
- Deterrence: The provision serves as a deterrent against committing further offences by imposing harsher penalties on individuals with prior convictions, signalling the legal system’s decreased tolerance for repeat offenders.
- Prevention of Recidivism: Section 75 aims to reduce recidivism rates by targeting repeat offenders with enhanced punishments, particularly about offences involving property and government property.
- Justice and Proportionality: This section ensures that individuals who persist in engaging in criminal activities face consequences proportionate to their continued disregard for the law, thereby upholding justice and social protection principles.
- Flexibility in Sentencing: It allows judges to consider the convict’s criminal history when determining the sentence, providing a mechanism to impose stricter punishments on those who pose a more significant threat to society based on their past actions.
