Bharatiya Nyaya Sanhita, 2023
BNS Section 104
Punishment for murder by life-convict
In one line
BNS Section 104 deals with punishment for murder by life-convict and replaces IPC 303.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 104 | Murder by life-convict. | Death or imprisonment for life, which shall mean the remainder of that person's natural life. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 104
104. 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.
What changed from the IPC
- IPC 303 → BNS 104: 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.
Frequently asked
What was BNS Section 104 in the IPC?
BNS Section 104 (Punishment for murder by life-convict) replaces Section 303 of the Indian Penal Code, 1860. IPC 303 is now BNS 104.
What is the punishment under BNS 104?
Murder by life-convict – punishable with death or with imprisonment for life, which shall mean the remainder of that person’s natural life. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 104 bailable?
Non-bailable: BNS 104. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 99 — Buying child for purposes of prostitution, etc
- BNS 100 — Culpable homicide
- BNS 101 — Murder
- BNS 102 — Culpable homicide by causing death of person other than person whose death was intended
- BNS 103 — Punishment for murder
- BNS 105 — Punishment for culpable homicide not amounting to murder
- BNS 106 — Causing death by negligence
- BNS 107 — Abetment of suicide of child or person of unsound mind
- BNS 108 — Abetment of suicide
- BNS 109 — Attempt to murder