Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, being under sentence of…

In Mithu v. State of Punjab (1983), the Supreme Court struck down former Section 303 IPC, which had prescribed a mandatory death sentence for murder committed by a person under a sentence of life imprisonment, holding that a compulsory death penalty excluding judicial sentencing discretion violates Articles 14 and 21 of the Constitution. Section 104 of the Bharatiya Nyaya Sanhita, 2023 reflects this constitutional rule by prescribing death or imprisonment for the remainder of the convict's natural life. Selvi v. State of Karnataka (2010) dealt with involuntary narcoanalysis, polygraph, and BEAP tests, and State of Tamil Nadu v. Nalini (1999) arose from the Rajiv Gandhi assassination trial.