Enhancement of punishment for certain offences after previous conviction under Indian Penal Code is defined under Section 75 of Indian Penal Code 1860. Provisions under section 75 in the Act are:
Whoever, having been convicted,-
(a) by a Court in 2[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, 3***
4* * * * *
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 5[imprisonment for life], or to imprisonment of either
description for a term which may extend to ten years.]
1. Subs. by Act 3 of 1910, s. 2, for section 75.
2. The words "British India" have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
3. The word "or" omitted by Act 3 of 1951, s. 3 and the Sch.
4. Cl. (b) omitted by s. 3 and the Sch., ibid.
5. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).