Two seemingly conflicting provisions of the new criminal law relating to repeat offenders need reconciliation, argues Manjari Tripathi.

Numerous dichotomies have been triggered by the introduction of the new acts, Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023, each of which has its own unique set of limitations and complexities.

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This article will examine one such dichotomy pertaining to theft. We will deal with two sections of Bharatiya Nyaya Sanhita 2023 (henceforth referred to as BNS), and their operation in which we will highlight that it leads to different defendants getting different punishments for the same offence, the context of Sections 13 and 303 of BNS and how they are meant for two different purposes and where they overlap.

Section 303 of the BNS 2023 deals with theft, which is the same as Section 378 of the Indian Penal Code, 1860 (IPC). Sub-section (2) brings an innovation into the fold of the IPC.

Sec. 303(2) of BSA 2023 says: "Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine."

The first-time offender can be punished with up to three years imprisonment or a fine or both. But on second or later conviction, rigorous imprisonment for a term of not less than one year and up to five years, along with a fine, and the use of the word "shall" make it apparent that the enhanced penalty for repeat offenders is obligatory rather than optional. This indicates that the law is taking a more severe approach to punishing repeat offenders.