IPC 303→BNS 104

IPC 303 to BNS 104: Punishment for murder by life-convict

Section 303 IPC (1860) replaced by Section 104 BNS (2023)

View IPC Section 303 →View BNS Section 104 →

IPC 303 to BNS 104 at a Glance

Section 303 IPC (Punishment for murder by life-convict) is now Section 104 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 303 to BNS 104?

Section 303 IPC is now Section 104 BNS. A Constitution Bench of the Supreme Court struck down Section 303 IPC in Mithu v. State of Punjab in 1983 because the mandatory death penalty removed all sentencing discretion. Section 104 BNS revives the offence of murder by a life-convict, introducing an alternative punishment of imprisonment for life, which shall mean the remainder of that person's natural life.

IPC 303 vs BNS 104: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section303104
OffencePunishment for murder by life-convictSame
PunishmentNone under Section 303 IPC as enacted, which prescribed death only. Following the Supreme Court ruling in Mithu v. State of Punjab in 1983, cases were punished under Section 302 IPC.Death, or imprisonment for life, which shall mean the remainder of that person's natural life.
FineNo fine was prescribed by Section 303 IPC as enacted.No fine is prescribed under Section 104 BNS.
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 303 and BNS 104: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 303, IPC 1860

303. Punishment for murder by life-convict.—Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.
BNS 2023 (in force)

Section 104, BNS 2023

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.

Ingredients: IPC 303 vs BNS 104

Under IPC 303
  1. The accused was under sentence of imprisonment for life
  2. The accused committed murder as defined in Section 300 IPC while under such sentence
Under BNS 104
  1. The offender is under sentence of imprisonment for life
  2. The offender commits murder as defined under Section 101 BNS while under such sentence

What IPC 303 to BNS 104 Means for Pending Cases

For Section 303 IPC (now Section 104 BNS): murder committed by a person under life sentence is now governed by Section 104 BNS, which provides a choice between death and imprisonment for the remainder of natural life, whereas Section 303 IPC had been struck down in 1983.

FAQs: IPC 303 to BNS 104

What is the difference between Section 303 IPC and Section 104 BNS?▼

Section 303 IPC prescribed death as the mandatory and sole punishment for murder by a life-convict and was struck down in 1983. Section 104 BNS provides an alternative punishment of imprisonment for life, defined as the remainder of the offender's natural life, alongside death.

Why was Section 303 IPC struck down by the Supreme Court?▼

In Mithu v. State of Punjab in 1983, the Supreme Court struck down Section 303 IPC under Articles 14 and 21 of the Constitution because a mandatory death sentence deprived the court of discretion to consider mitigating circumstances.

Does Section 303 IPC or Section 104 BNS apply to an act done before 1 July 2024?▼

Section 303 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 303 IPC. Section 104 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·