Punishment for murder by life-convict
What this section does
Provides an enhanced punishment for a person who is already serving a sentence of imprisonment for life and commits murder while under that sentence. The court may impose death, or a life sentence that explicitly means the remainder of the convict's natural life.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Death, or imprisonment for life meaning the remainder of that person's natural life.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused was under sentence of imprisonment for life at the time of the act
- The accused committed murder as defined in s.101
Practitioner note
The IPC s.303 equivalent was struck down by the Supreme Court in Mithu v. State of Punjab (1983) as unconstitutional because it mandated death. BNS s.104 restores the provision but makes death discretionary (not mandatory), addressing the constitutional infirmity. 'Imprisonment for life' is expressly defined here as the remainder of natural life.
Derived from IPC s.303.
Read the official text
For the binding statutory text of BNS Section 104, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 104 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.