Section 303 IPC: Punishment for murder by life-convict

Indian Penal Code, 1860

This section has been struck down and is no longer in force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 303 IPC at a Glance

Section 303 IPC dealt with punishment for murder by life-convict. It is no longer in force; see the note above.

Punishment

None 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.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 104 →

Section 303 IPC Bare Act Text

303. Punishment for murder by life-convict

Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Source: Section 303, Indian Penal Code, 1860

Section 303 IPC in Simple Words

Section 303 of the Indian Penal Code (IPC) provided that whoever commits murder while under a sentence of imprisonment for life shall be punished with death. On 7 April 1983, a Constitution Bench of the Supreme Court struck down Section 303 IPC in Mithu v.

State of Punjab as unconstitutional under Articles 14 and 21 of the Constitution because it imposed a mandatory death penalty without sentencing discretion. Following that decision, murder committed by a life-convict was punished under Section 302 IPC.

Ingredients of Section 303 IPC

  • The accused was under sentence of imprisonment for life
  • The accused committed murder as defined in Section 300 IPC while under such sentence

Punishment Under Section 303 IPC

Imprisonment

None 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.

Fine

No fine was prescribed by Section 303 IPC as enacted.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

The Supreme Court declared Section 303 IPC unconstitutional in 1983. As enacted, the section prescribed death as the sole penalty for murder committed by a person under sentence of imprisonment for life. The First Schedule to the Criminal Procedure Code classified the offence as cognizable, non-bailable, and triable by the Court of Session.

Example of Section 303 IPC

In 2016, in Mysuru, Raghav was under a sentence of imprisonment for life following an earlier conviction. While released temporarily on parole, Raghav ambushed his former landlord Dinesh along a quiet canal road and struck his head with a heavy granite boulder, intending to cause his death. Dinesh died instantly from the injury, and no exception under Section 300 IPC applied to the killing. Because Raghav committed murder while under a sentence of imprisonment for life, Raghav is punishable under Section 303 IPC.

When Section 303 IPC Does Not Apply

  • Section 303 IPC does not apply in any prosecution decided on or after 7 April 1983, when the Supreme Court declared the provision unconstitutional and void.
  • Section 303 IPC does not apply when the offender was not serving an operative sentence of imprisonment for life at the time of the killing.
  • Section 303 IPC does not apply if the homicide committed by the life-convict falls within an Exception to Section 300 IPC and amounts only to culpable homicide not amounting to murder.
  • Section 303 IPC does not apply where the act of the life-convict causes hurt or grievous hurt without causing death.

Section 303 IPC in the BNS

Section 303 IPC is now covered under Section 104 BNS.

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 detailed comparison (IPC 303 vs BNS 104) →

FAQs on Section 303 IPC

What did Section 303 IPC provide before it was struck down?▼

Section 303 IPC provided that whoever commits murder while under a sentence of imprisonment for life shall be punished with death.

When and why was Section 303 IPC struck down?▼

On 7 April 1983, a Constitution Bench of the Supreme Court held Section 303 IPC unconstitutional in Mithu v. State of Punjab as violative of Articles 14 and 21, because it removed all sentencing discretion.

How were offences formerly under Section 303 IPC punished after 1983?▼

After Section 303 IPC was struck down, any murder committed by a person serving a life sentence was charged and punished under Section 302 IPC.

Was Section 303 IPC bailable and cognizable as enacted?▼

As enacted, the First Schedule to the Criminal Procedure Code classified Section 303 IPC as cognizable, non-bailable, and triable by the Court of Session.

What is the BNS provision corresponding to Section 303 IPC?▼

Section 104 BNS corresponds to Section 303 IPC, punishing murder by a life-convict with death or imprisonment for the remainder of natural life.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·