ENHANCED PUNISHMENT
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Section 75 of pakistan penal code provides that whoever,
having been convicted by a court in pakistan of an offence
punishable under chapterXII or chapter XVII of the code with
imprisonment of either description for a term of three years
or upwards, shall be guilty of any offence punishable under
any of those chapters with like imprisonment for the like
term, shall be subject for evey such subsequent offence to
imprisonment for life , imprisonment for either description
for a term which may extend to ten years.
The above section does not create a substantive offence,
but only imposes a liability to enhanced punishment under
the following conditions :
1. The previous conviction must have been under chapter
XII or chapter XVII of the pakistan penal code punishable
with three years imprisonment.
2. The previous conviction must not have necessarily
resulted in the awarding of three years punishment, but it
must be an offence punishable with three years
improsonment or more.
3. The subsequent offence must have been committed after
the previous conviction, i.e, the section is inapplicable to
offences committed at one and at the sid time.
4. The subsequent offence must be an offence punishable
with three years imprisonment or more.
5. The subsequent offence must fall under chapter XII or
chapter XVII and be punishable with three years
imprisonment or more before section 73 of the pakistan
penal code can be made applicable.