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Under Section 71 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment if a person previously…

Section 71 of the Bharatiya Nyaya Sanhita, 2023 applies when both the earlier and later convictions are for offences punishable under Section 64, 65, 66 or 70. It prescribes…

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Under Section 71 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment if a person previously convicted of an offence punishable under Section 64, 65, 66 or 70 is subsequently convicted of an offence punishable under any of those sections?

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Correct answer B

Section 71 of the Bharatiya Nyaya Sanhita, 2023 applies when both the earlier and later convictions are for offences punishable under Section 64, 65, 66 or 70. It prescribes imprisonment for the remainder of the person's natural life or death.

Option feedback

Option A

Incorrect. Mandatory death sentence alone is not prescribed; the court has discretion to award either imprisonment for life (meaning remainder of natural life) or death.

Option B

Correct. Section 71 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376E IPC) expressly prescribes 'imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death'.

Option C

Incorrect. The statute specifically qualifies 'imprisonment for life' to mean imprisonment for the remainder of that person's natural life, and also provides the alternative of the death penalty.

Option D

The stated sentencing range and fine occur in provisions such as Section 70(1). For the specified repeat conviction, Section 71 prescribes imprisonment for the remainder of the person's natural life or death.

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