Section 104 BNS: Punishment for murder by life-convict
Bharatiya Nyaya Sanhita, 2023
This section has been struck down and is no longer in force
The Supreme Court struck down Section 303 IPC in Mithu v. State of Punjab on 7 April 1983 as violative of Articles 14 and 21 of the Constitution. The classification describes the section as enacted and has had no operative effect since then.
Section 104 BNS at a Glance
Section 104 BNS dealt with punishment for murder by life-convict. It is no longer in force; see the note above.
Death, or imprisonment for life, which shall mean the remainder of that person's natural life.
Section 104 BNS Bare Act Text
104. Punishment for murder by life-convict
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.
Source: Section 104, Bharatiya Nyaya Sanhita, 2023
Section 104 BNS in Simple Words
Section 104 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with murder committed by a person who is already serving a sentence of imprisonment for life. When a life convict commits murder, the section prescribes two possible punishments: death, or imprisonment for life, which means imprisonment for the remainder of that person's natural life.
In practical terms, this section is not a general murder provision. It applies only to a narrow class of accused persons, namely those who are already under a sentence of life imprisonment when they commit murder. By providing an alternative punishment of imprisonment for the remainder of the offender's natural life alongside the death penalty, Section 104 BNS preserves judicial sentencing discretion while ensuring a severe punishment for murder committed by a life convict.
Ingredients of Section 104 BNS
- The offender is under sentence of imprisonment for life
- The offender commits murder as defined under Section 101 BNS while under such sentence
Punishment Under Section 104 BNS
Death, or imprisonment for life, which shall mean the remainder of that person's natural life.
No fine is prescribed under Section 104 BNS.
Under Section 104 BNS, murder committed by a person under sentence of imprisonment for life is punishable with death or with imprisonment for life, meaning the remainder of that person's natural life. No fine is prescribed.
Example of Section 104 BNS
When Section 104 BNS Does Not Apply
- The accused was not under sentence of imprisonment for life at the time of the act
- The act of the accused did not amount to murder under Section 101 BNS
Section 104 BNS in the IPC (Previous Law)
Section 104 BNS replaces Section 303 IPC from the old criminal code.
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.
View IPC Section 303 →FAQs on Section 104 BNS
Is Section 104 BNS in force?▼
Yes. Section 104 BNS is in force under the Bharatiya Nyaya Sanhita, 2023, and applies when a person under a sentence of imprisonment for life commits murder.
Does Section 104 BNS make the death penalty mandatory?▼
Unlike the old provision that prescribed only death, Section 104 BNS allows the court to award either death or imprisonment for life, meaning the remainder of that person's natural life.
Does Section 104 BNS apply when a life convict commits murder?▼
Section 104 BNS applies directly. The court will examine the facts and evidence and sentence the offender either to death or to imprisonment for the remainder of their natural life.
What does imprisonment for life mean under Section 104 BNS?▼
It means the offender will remain in prison for the rest of their natural life, rather than being treated under an ordinary life sentence.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·