Section 104: Punishment for murder by life-convict

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Mithu v. State of Punjab (1983)Decided on IPC section 303The Constitution Bench struck down Section 303 IPC, which made death the mandatory sentence for murder by a person under a life sentence, as violating Articles 14 and 21; all murders now fall under Section 302.

Questions on this section

3 questions in 16 of our papers cite Section 104. Try these from the free papers:

1. 1. A, while undergoing a sentence of imprisonment for life, commits murder in prison. The trial judge believes that the law leaves him no choice except to impose the death sentence. Which of the following is correct?

   A.The judge must impose imprisonment for life only, because death cannot be awarded for murder by a life convictB.The judge is right, because Section 104 of the Bharatiya Nyaya Sanhita, 2023 prescribes death as the only punishmentC.The judge must refer the question of sentence to the High Court, which alone can award death to a life convictD.The judge is wrong, as Section 104 BNS allows death or life imprisonment for the remainder of natural life
   Show answer

2. 2. Under Section 104 BNS, a person under sentence of imprisonment for life who commits murder shall be punished with

   A.death, or imprisonment for a term of not less than fourteen yearsB.death only, as a mandatory sentenceC.death, or imprisonment for life which shall mean the remainder of that person's natural lifeD.imprisonment for life only, which shall mean the remainder of that person's natural life
   Show answer