Section 104 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 104 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the punishment for individuals already serving a life sentence who commit murder. This provision is a continuation of the earlier Section 303 of the Indian Penal Code (IPC), 1860.
📜 Text of Section 104
"Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life."(
⚖️ Legal Implications
Applicability: This section applies to individuals who are already serving a life sentence and subsequently commit murder.
Punishment Options:
Death Penalty: The individual may be sentenced to death.
Extended Life Imprisonment: Alternatively, the individual may receive a life sentence that extends for the remainder of their natural life
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is non-bailable, implying that the accused does not have an automatic right to bail and must apply to the court for bail.
Triable by: Court of Session
🔄 Comparison with IPC Section 303
Section 104 of the BNS is equivalent to Section 303 of the IPC, 1860. Both provisions mandate the death penalty or life imprisonment for individuals already serving a life sentence who commit murder. However, Section 104 of the BNS extends the possibility of life imprisonment to the remainder of the individual's natural life, whereas Section 303 of the IPC was struck down by the Supreme Court in 1983 for being unconstitutional due to its mandatory nature.(
⚠️ Constitutional Concerns
The mandatory nature of this provision has raised concerns regarding its constitutionality. The Supreme Court's decision to strike down Section 303 of the IPC was based on the argument that mandatory death sentences violate the right to life under Article 21 of the Constitution. The reintroduction of a similar provision in the BNS has led to debates about its alignment with constitutional principles.
🧾 Illustrative Example
If an individual, already serving a life sentence for a previous offense, commits murder while incarcerated, they could be subject to the provisions of Section 104. The court would have the discretion to impose either the death penalty or an extended life sentence.
📌 Additional Information
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is non-bailable, implying that the accused does not have an automatic right to bail and must apply to the court for bail.
Triable by: Court of Session.(
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