The Bharatiya Nyaya Sanhita (BNS), enacted in 2023 signifies a monumental shift in India's criminal jurisprudence replacing the colonial-era Indian Penal Code (IPC) . Among its provisions, Section 104 BNS addresses the grave offense of murder committed by individuals already serving a life sentence. This section underscores the legal system's commitment to deterring heinous crimes within the prison system and ensuring that repeat offenders face stringent consequences .

Specifically Section 104 BNS stipulates that if a person while serving a life sentence, commits murder, they shall be punished with either the death penalty or life imprisonment for the remainder of their natural life . This provision serves as a strong deterrent and ensures that those serving a life term cannot abuse the system to commit further crimes . Understanding this murder section in BNS is crucial for legal professionals, law students and the general public to grasp the nuances of how the Indian legal system handles such severe offenses. Explore other important Judiciary Notes.

Section 104 BNS

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 104 BNS specifically targets individuals already serving a life sentence who commit murder .The provision ensures that such individuals face either the death penalty or life imprisonment for the remainder of their natural life without the possibility of parole or remission .

Key Definitions :

• Life Convict: An individual sentenced to life imprisonment for a previous offense.
• Murder: As defined under Section 101 BNS, it refers to the intentional killing of another person .

This section serves as a deterrent emphasizing that committing murder while already serving a life sentence will lead to the most severe punishments available under the law . It reflects the legal system's stance on preventing further crimes by individuals already convicted of serious offenses .

Section 104 BNS Essential Elements 

To establish an offense under Section 104 Bharatiya Nyaya Sanhita,2023, the following elements must be proven:

• Existing Life Sentence: The accused must be serving a life imprisonment sentence at the time of the new offense.
• Commission of Murder: The accused must have committed an act that qualifies as murder under Section 101 BNS.
• Intent: There must be clear intent or knowledge that the act would result in death.

These elements ensure that only those who, despite already facing severe punishment, choose to commit the gravest of crimes, are subjected to the stringent penalties outlined in this section.

The nature and scope relating to 104 of Bharatiya Nyaya Sanhita ,2023 is explained as under -

Nature:

• Cognizable Offense: Police can arrest without a warrant and begin an investigation without prior approval from a magistrate.
• Non-Bailable: The accused does not have the right to bail and must apply to the court for consideration.
• Triable by Sessions Court: Given the severity, cases under this section are tried in a Sessions Court .

Scope :

Section 104 BNS applies strictly to individuals already serving life sentences. It does not extend to those on parole or those who have completed their sentence . The section ensures that the most severe punishments are reserved for those who despite facing life imprisonment commit murder highlighting the legal system's intolerance for repeat heinous offenses .

Comparison with IPC Section 303 

Before BNS, similar conduct was covered under section 303 of  Indian Penal Code (IPC). The transition to Section 104 Bharatiya Nyaya Sanhita,2023 preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 104 BNS Judicial Interpretation 

While Section 104 Bharatiya Nyaya Sanhita,2023 is a recent enactment, its predecessor, Section 303 IPC, was subject to significant judicial scrutiny. In the landmark case of Mithu v. State of Punjab (1983), the Supreme Court struck down Section 303 IPC as unconstitutional, citing the mandatory death penalty as violative of Articles 14 and 21 of the Constitution .

The BNS addresses this by providing judicial discretion in sentencing under Section 104 allowing courts to choose between the death penalty and life imprisonment for the remainder of the convict's natural life . This change aligns the provision with constitutional mandates and ensures that the punishment is proportionate to the crime considering the circumstances of each case .

Section 104 BNS Landmark Cases 

There are not much landmark cases relating to section 104 of Bharatiya Nyaya Sanhita,2023 but few are explained as under, they are -

• Mithu v. State of Punjab (1983): The landmark case of Mithu v. State of Punjab (1983) is directly connected to the evolution of Section 104 BNS, as it led to the striking down of Section 303 IPC . Under Section 303 IPC, any life convict who committed murder was automatically sentenced to death, leaving no room for judicial discretion. The Supreme Court held this mandatory death penalty provision unconstitutional as it violated Article 14 (Right to Equality) and Article 21 (Right to Life) of the Indian Constitution . The Court emphasized the importance of individualized sentencing allowing judges to consider mitigating factors and circumstances of each case . In response to this judgment Section 104 of the Bharatiya Nyaya Sanhita (BNS) was enacted in 2023 . It preserved the seriousness of the offense while granting courts the discretion to impose either the death penalty or life imprisonment for the convict’s natural life thus fulfilling the constitutional mandate laid down in Mithu.

Section 104 BNS Legal Impact 

The introduction of Section 104 BNS signifies a balanced approach to sentencing, addressing the concerns raised by the mandatory death penalty under Section 303 IPC . By allowing judicial discretion the law ensures that the punishment fits the crime considering both aggravating and mitigating factors .

This provision acts as a deterrent for life convicts contemplating further heinous crimes reinforcing the sanctity of life and the seriousness of murder . It also upholds the principles of justice and fairness ensuring that each case is evaluated on its merits, and the punishment is proportionate to the offense .

Furthermore Section 104 of Bharatiya Nyaya Sanhita,2023 reflects India's commitment to aligning its legal provisions with constitutional mandates and international human rights standards promoting a more humane and just criminal justice system .

Conclusion 

Section 104 BNS represents a significant evolution in India's criminal jurisprudence addressing the constitutional shortcomings of its predecessor, Section 303 IPC . By introducing judicial discretion in sentencing, the provision ensures that punishments are proportionate just, and in line with constitutional principles .

This section serves as a stern warning to life convicts against committing further heinous crimes reinforcing the legal system's intolerance for repeat offenses . It balances the need for deterrence with the principles of justice and fairness ensuring that each case is assessed individually.

As India continues to reform its legal framework Section 104 BNS stands as a testament to the country's commitment to upholding the rule of law, protecting human rights, and ensuring that justice is served in every case.