IPC Section 75 : Enhanced Punishment For Repeat Offenders

When someone has already been convicted of certain offences and commits a similar crime again, the Indian Penal Code recognises the need for stricter consequences. Section 75 IPC (now replaced by Section 13 of the Bharatiya Nyaya Sanhita). Empowers courts to impose enhanced punishment on repeat offenders for crimes under Chapter XII (Offences relating to the army, navy, and air force) or Chapter XVII (Offences against property). This provision reflects a balance between deterrence and fairness by ensuring habitual offenders face stricter consequences without compromising procedural justice.

What We will Cover in This Blog:

• Legal text and meaning of IPC Section 75
• Simplified explanation of enhanced punishment
• Practical examples
• Judicial interpretation with case law
• Its modern-day relevance

Legal Text of IPC Section 75

Section 75 IPC: Enhanced punishment for certain offences under Chapter XII or Chapter XVII after a previous conviction

“Whoever, having been previously convicted of any offence punishable under Chapter XII or Chapter XVII of this Code, commits any offence under the same chapter, shall, on conviction, be liable to punishment which may be enhanced to twice the maximum term provided for such offence.”

Simplified Explanation

Section 75 IPC aims to deter repeat offending by:

1. Targeting repeat offenders – Only applies if the person has a prior conviction under Chapter XII or XVII.
2. Applicable offences – Covers crimes against the armed forces and offences against property (theft, robbery, criminal misappropriation, etc.).
3. Enhanced punishment – Courts can increase the sentence up to twice the maximum term prescribed for the offence.
4. Deterrence and justice – The law discourages habitual offending while ensuring proportionality in punishment.

Practical Example

Suppose a person was convicted for theft under Chapter XVII and sentenced to 3 years’ imprisonment. Later, the same person commits another theft under the same chapter:

• Normally, the maximum punishment for theft might be 3 years.
• Under Section 75, the court may impose up to 6 years of imprisonment, doubling the maximum term because of the prior conviction.

This ensures that habitual offenders face stricter consequences than first-time offenders.

Purpose of IPC Section 75

• To deter habitual offenders from repeating crimes.
• To protect society from repeated criminal activities.
• To ensure that prior convictions influence sentencing, promoting proportionality.
• To create a legal framework for enhanced punishment without arbitrary discretion.

Judicial Interpretation

Indian courts have considered Section 75 IPC carefully, balancing deterrence with fairness:

1. State of Maharashtra v. Narayan Rao, 1985

Facts: The accused had been previously convicted of theft and was caught committing another theft.
Held: In the case of State of Maharashtra v. Narayan Rao, 1985 Supreme Court upheld that the trial court could enhance the sentence up to twice the original maximum, as permitted under Section 75. The Court emphasised that prior convictions must be proved beyond a doubt before imposing enhanced punishment.

2. Ram Singh v. State of Rajasthan, 1993

Facts: The accused argued that enhanced punishment violated principles of proportionality and fair trial.
Held: In the case of Ram Singh v. State of Rajasthan, 1993 Court held that Section 75 does not violate Article 14 or 21, as it applies only to proven repeat offenders and allows judicial discretion within statutory limits. The objective is deterrence, not arbitrary punishment.

Modern-Day Relevance

• Section 75 remains relevant for offences where recidivism poses a significant threat, such as theft, robbery, and other property crimes.
• Helps courts differentiate between first-time offenders and habitual offenders, promoting public safety.
• Aligns with the criminal justice principle of proportionality while allowing enhanced deterrence.
• Encourages law enforcement and judicial authorities to maintain accurate records of prior convictions.

Conclusion

IPC Section 75 is a protective and deterrent provision that empowers courts to impose enhanced punishment on repeat offenders under Chapters XII and XVII. It ensures that habitual offenders face stricter consequences while preserving judicial fairness and proportionality. In today’s legal system, Section 75 continues to play a vital role in reducing recidivism and safeguarding society, without compromising the rights of convicts.

Disclaimer: This blog is for general informational and educational purposes only and should not be treated as legal advice. For legal guidance on your specific situation, please consult a qualified lawyer before taking any action.