Section 104

This provision addresses the special case of a person who commits murder while already serving a life sentence for an earlier crime. Historically, the old Indian Penal Code (Section 303) made death the *only* punishment in such cases, removing all judicial discretion. In 1983, the Supreme Court struck that mandatory death penalty down as unconstitutional. Section 104 of the Bharatiya Nyaya Sanhita, 2023 replaces that old rigid rule with a discretionary one — courts may impose death or life imprisonment (meaning the convict's entire remaining natural life), depending on the facts of the case.

The predecessor provision, Section 303 of the Indian Penal Code, made death the only sentence for a life-convict who committed murder. In Mithu v. State of Punjab (1983), the Supreme Court held that mandatory death sentences violate Articles 14 and 21 of the Constitution because they deny courts the chance to consider individual circumstances, and struck down Section 303 entirely. After that ruling, such cases were tried under the ordinary murder provision, which allows judges to choose between death and life imprisonment. Section 104 of the BNS, 2023 reflects this constitutional correction by building discretion directly into the text, while also clarifying that 'life imprisonment' here means imprisonment for the remainder of the convict's natural life, not an early release after a fixed term.

• Myth: This provision makes death the only possible punishment for a life-convict who murders again.
  Fact: That was the old rule under IPC Section 303, but it was struck down by the Supreme Court in Mithu v. State of Punjab (1983) as unconstitutional. Section 104 gives courts a choice between death and life imprisonment.
• Myth: 'Life imprisonment' under this section means a fixed term, like 14 or 20 years, after which the person is released.
  Fact: The text specifically says life imprisonment here means the remainder of the person's natural life, not a fixed shorter term.