BNS Section 104: Punishment for Murder by Life-Convict
Section 104 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It specifically prescribes stringent punishments for life convicts who commit murder during their incarceration or parole. This provision emphasises accountability and deterrence for individuals already serving life sentences who engage in further heinous acts.
Definition of BNS Section 104
Section 104 of the BNS 2023 States:
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
a person's natural life.
Explanation and Illustration of BNS Section 104
Section 104 of the Bharatiya Nyaya Sanhita (BNS), 2023, states that if a person, who is already sentenced to life imprisonment, commits murder while serving that sentence, they will face either the death penalty or life imprisonment for the remainder of their natural life.
Illustration:
- A person, serving a life sentence for a prior crime, murders another inmate or prison staff while in custody. According to Section 104, the offender will face either the death penalty or life imprisonment that lasts for the rest of their life.
Key Points in Section 104
By prescribing death or additional life imprisonment, this section ensures that repeat offenders face heightened consequences. The law underscores the need to uphold justice within correctional systems, maintaining order and ensuring the safety of society at large. It reflects the BNS's broader goal of stringent deterrence against violent crimes.
Circumstances:
Serving a Life Sentence: This provision targets individuals who are already serving a life imprisonment sentence for a prior offense.
Actions:
Murder While Imprisoned: If a life convict commits murder during their imprisonment or parole, it activates stricter punitive measures.
Penalties:
Death Penalty or Further Life Imprisonment:
Differences Between Section 104 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 104 of BNS and its equivalent IPC section 303 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 104 | Punishment for murder by life- convict. | 303 | BNS gives an alternate punishment for the life-convict murderer as death 'or with imprisonment for life, which shall mean the remainder of that person’s natural life', whereas in IPC, only punishment is a death sentence for murder by a life convict. |
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FAQs about Section 104 of the Bharatiya Nyaya Sanhita (BNS)
Who does Section 104 apply to?
It applies to individuals already serving life imprisonment for a previous offense and later committing murder
What actions trigger Section 104?
Committing murder while under a life sentence activates the provisions of Section 104, leading to harsher penalties
What penalties are prescribed under Section 104?
The penalties include either the death penalty or an extended life sentence for the remainder of the convict’s natural life
Is Section 104 a new provision?
Yes, it builds on existing laws under the Indian Penal Code, it strengthens penalties for life convicts, marking a significant addition under the BNS
Why is Section 104 necessary?
It ensures that life convicts who show continued disregard for the law through murder face stricter consequences, upholding justice within correctional facilities
Does Section 104 allow for parole or release?
No, Section 104 of the BNS does not allow for parole or release. Section 104 of the BNS prescribes the death penalty or life imprisonment without the possibility of early release for those who are already serving a life sentence and then commit murder.
How does this section deter repeat offenses?
By prescribing severe punishments like the death penalty or lifelong incarceration, it serves as a strong deterrent for life convicts considering further crimes
