BNS §104
Punishment for murder by life-convict
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Comparison
303. Punishment for murder by life-convict.—Whoever, being under sentence of 1[imprisonment for life], commits murder, shall be punished with death.
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.
What changedAI-inferred
IPC 303 prescribed a mandatory death sentence for murder committed by a life-convict. This was declared unconstitutional in Mithu v. State of Punjab (1983) AIR 473 SC. Between 1983 and 2024, IPC 303 was effectively dead letter — courts applied IPC 302 instead. BNS 104 codifies the post-Mithu position with discretionary sentencing ('death or with imprisonment for life') and adds a natural-life specification: imprisonment for life means 'the remainder of that person's natural life' for life-convict-murderers.
Old position
IPC 303 is concerned with Punishment for murder by life-convict. Punishment for murder by life-convict
New position
BNS 104 modifies the framework. Topic: Punishment for murder by life-convict. 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
IPC 303 prescribed a mandatory death sentence for murder committed by a life-convict. This was declared unconstitutional in Mithu v. State of Punjab (1983) AIR 473 SC. Between 1983 and 2024, IPC 303 was effectively dead letter — courts applied IPC 302 instead. BNS 104 codifies the post-Mithu...
Editorial deltaAI-indicated (source-linked)
BNS 104 reframes IPC 303's mandatory-death rule for murder by a life-convict by adding judicial discretion: the punishment is now death or with imprisonment for life, which shall mean the remainder of that person's natural life. The mandatory-death character of IPC 303 (which was struck down by the Supreme Court in Mithu v. State of Punjab, (1983) 2 SCC 277, on Articles 14 and 21 grounds) is dropped, and life-meaning-natural-life is textually anchored as an alternative. Prior ruling noted; application under new law may vary.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 303 continues to apply. For matters from that date forward, BNS 104 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 104 (Punishment for murder by life-convict). The relationship is classified as modified — see the change-note above for the textual delta.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Bharatiya Nyaya Sanhita, 2023 · §104
View government sourcemha.gov.in(opens the Bharatiya Nyaya Sanhita, 2023 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Indian Penal Code, 1860 · §303
View government sourcemha.gov.in(opens the Indian Penal Code, 1860 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
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Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §303 → BNS §104 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bns/104.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.