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Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides that a person who, being under a sentence of…

In Mithu v. State of Punjab (1983), the Supreme Court struck down the mandatory death penalty for murder committed by a life-convict (formerly Section 303 IPC) as violative…

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Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides that a person who, being under a sentence of imprisonment for life, commits murder shall be punished with death or with imprisonment for the remainder of that person's natural life, rather than a mandatory death penalty. This provision conforms to the constitutional rule laid down by the Supreme Court in:

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In Mithu v. State of Punjab (1983), the Supreme Court struck down the mandatory death penalty for murder committed by a life-convict (formerly Section 303 IPC) as violative of Articles 14 and 21 of the Constitution because it deprived courts of judicial discretion in sentencing. Section 104 of the Bharatiya Nyaya Sanhita, 2023 incorporates this constitutional principle by providing an alternative sentence of imprisonment for life (meaning the remainder of that person's natural life) alongside the death penalty. The other decisions dealt with discretionary capital sentencing principles under the 'rarest of rare' framework.

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