Indian Penal Code, 1860
Section 376E
repealedPunishment for repeat offenders
Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section1 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death1.
Why this exists
This repeat-offender provision was inserted by the Criminal Law (Amendment) Act, 2013, brought in after the 2012 Delhi gang rape case, which pushed Parliament to strengthen laws against sexual violence. The idea is that someone who commits these crimes again after already being punished once shows a pattern the law treats as especially dangerous, so the punishment for a second conviction is made much harsher than for a first offence. This section was carried over in spirit by the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code in 2024.