Code: Exact Legal Provision
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.
Explanation of Section 104 BNS
Section 104 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with cases where a life convict commits murder while already serving a life imprisonment sentence. Given the grave nature of this offense, the law prescribes harsh punishment to ensure deterrence.
Key Provisions:
- Applicability
- This section applies only to individuals who are already serving life imprisonment for any crime.
- Punishment for Murder by a Life-Convict
- If a life convict commits murder, the punishment can be:
- Death penalty, or
- Life imprisonment for the remainder of their natural life (without remission or early release).
- If a life convict commits murder, the punishment can be:
- Strictest Punishment for Repeat Offenders
- Since the offender is already convicted for a serious crime, committing murder again shows extreme criminal intent, justifying capital punishment or full life imprisonment.
Illustrations (Examples for Better Understanding)
Example 1: Life Convict Commits Murder in Prison
A prisoner, sentenced to life imprisonment for rape, murders another inmate. Under Section 104 BNS, he will be sentenced to death or full-term life imprisonment.
Example 2: A Released Life Convict Commits Another Murder
A convict serving life imprisonment for kidnapping and murder gets released under special remission. Later, he commits another murder. Since he was originally sentenced to life imprisonment, he now faces the death penalty or imprisonment for his entire natural life.
Common Questions and Answers on Section 104 BNS
1. What is the punishment for a life convict committing murder under Section 104 BNS?
A life convict who commits murder can be punished with:
- Death penalty, or
- Life imprisonment for their entire natural life (without parole or remission).
2. Can a life convict get parole after being sentenced under Section 104?
No. If sentenced to life imprisonment for the remainder of their natural life, the convict will remain in prison until death.
3. Is Section 104 applicable outside prison?
Yes. If a released life convict commits murder, Section 104 still applies, and the punishment remains death or full life imprisonment.
4. Can a life convict be granted bail if accused under Section 104?
No. Given the severity of the offense, courts generally do not grant bail in such cases.
5. How is Section 104 different from Section 103 BNS?
- Section 103 deals with general murder cases.
- Section 104 applies specifically when a life convict commits murder, making it an aggravated offense with stricter punishment.
Conclusion
Section 104 BNS ensures that repeat offenders and life convicts who commit murder again face the most severe punishment—either death or life imprisonment without release. This section reinforces the deterrence of violent crimes in India.
For expert legal guidance, visit ApniLaw today! 🚀
