Section 485 — Punishment for second and subsequent offences. Successor to s.278A of the 1961 Act.
Section 485 is in Chapter XXII — Offences and Prosecutions, which runs from section 473 to section 498.
A repeat-offence provision. A person convicted of an offence under section 476, 477, 478(1), 479, 480, 482 or 484 who is again convicted of an offence under any of those sections is punishable, for the second and for every subsequent offence, with simple imprisonment for a term of not less than six months which may extend to three years, and with fine.
The punishment was substituted by Act No. 4 of 2026 with effect from 1 April 2026. Before that substitution the sentence was rigorous imprisonment for a term of not less than six months which could extend to seven years, and with fine.
A person who offends again under the same group of sections is dealt with more severely than a first offender, and the section supplies a single enhanced sentence for the whole group. The 2026 substitution changed both the character and the outer length of that sentence.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Minimum sentence for a second or subsequent offence | Simple imprisonment for six months | The term shall not be less than six months; the sentence is also with fine | Section 485, as substituted by Act No. 4 of 2026 w.e.f. 1 April 2026 |
| Maximum sentence for a second or subsequent offence | Simple imprisonment which may extend to three years | A ceiling, not the term itself; substituted for the earlier maximum of seven years' rigorous imprisonment by Act No. 4 of 2026 w.e.f. 1 April 2026 | Section 485, as substituted by Act No. 4 of 2026 w.e.f. 1 April 2026 |
Two things changed on 1 April 2026: the imprisonment is now simple rather than rigorous, and the outer limit fell from seven years to three. The six-month floor and the fine survived unchanged, so a conviction still carries a minimum custodial term. The trigger is a conviction under any section in the list following an earlier conviction under any section in the same list — the two offences need not be under the same section.
You meet it only in a prosecution before a criminal court, in the sentence passed on a second or subsequent conviction under the listed sections. It never appears in an assessment, penalty or appellate proceeding.
simple imprisonment for a term which shall not be less than six months but which may extend to three years and with fine
See the full 1961 to 2025 concordance.