Section 104 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment of death OR imprisonment for…
In "Mithu v. State of Punjab" (1983), a five-Judge Constitution Bench struck down the mandatory death sentence for murder by a life-convict (formerly Section 303 IPC) as…
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Section 104 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment of death OR imprisonment for life (meaning the remainder of that person's natural life) for murder committed by a life-convict, rather than a mandatory death sentence. In which one of the following cases did the Supreme Court hold that a mandatory death sentence for murder by a life-convict is ultra vires Articles 14 and 21 of the Constitution of India?
Answer and explanation
Correct answer A
In "Mithu v. State of Punjab" (1983), a five-Judge Constitution Bench struck down the mandatory death sentence for murder by a life-convict (formerly Section 303 IPC) as violative of Articles 14 and 21 of the Constitution because it removed all judicial sentencing discretion. Section 104 of the Bharatiya Nyaya Sanhita, 2023 reflects this constitutional rule by providing for death or imprisonment for life, which shall mean the remainder of that person's natural life.
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