Section 104 BNS: Punishment for Murder by a Life Convict
Section 104 of the Bharatiya Nyaya Sanhita, 2023 deals with the punishment applicable when a person who is already serving a sentence of imprisonment for life commits murder.
Text of Section 104 of the Bharatiya Nyaya Sanhita, 2023
104. 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.
Meaning and Scope of Section 104 BNS
Section 104 is a specific punishment provision for murder committed by a person who is already under a sentence of imprisonment for life. The provision therefore requires two central elements: the offender must already be under a life sentence, and the subsequent offence must amount to murder under the Bharatiya Nyaya Sanhita.
Essential Ingredients of Section 104
- The accused must be under a sentence of imprisonment for life.
- The accused must commit an act that constitutes murder.
- The prosecution must establish the ingredients of murder in accordance with the applicable provisions of the BNS.
- On conviction under Section 104, the statutory punishment is death or imprisonment for the remainder of the person's natural life.
How Section 104 Relates to Murder under the BNS
Section 101 of the BNS defines murder, while Section 103 provides the general punishment for murder. Section 104 operates as a special punishment provision where the person committing murder is already under a sentence of imprisonment for life. The status of the offender as a life convict is therefore what distinguishes Section 104 from the general punishment provision in Section 103.
Section 104 Compared with Section 103
Section 103 generally provides punishment for murder. Section 104 addresses the narrower situation of murder committed by a person already serving a life sentence. Importantly, Section 104 expressly states that life imprisonment under this provision means imprisonment for the remainder of the offender's natural life.
Related BNS Provisions
Frequently Asked Questions
What is Section 104 of the Bharatiya Nyaya Sanhita?
Section 104 prescribes punishment where a person who is already under a sentence of imprisonment for life commits murder.
What punishment can be imposed under Section 104 BNS?
The punishment is death or imprisonment for life. The provision expressly states that life imprisonment in this context means imprisonment for the remainder of the person's natural life.
Is Section 104 the general punishment provision for murder?
No. Section 103 contains the general punishment for murder. Section 104 is the specific provision for murder committed by a person already under a sentence of life imprisonment.
When did the Bharatiya Nyaya Sanhita come into force?
The Central Government appointed July 1, 2024 as the commencement date for the Bharatiya Nyaya Sanhita, 2023, subject to the terms of the official commencement notification.
Note: This page is intended for general legal information. The application of Section 104 depends on the facts, charges, evidence, and judicial findings in a particular case.