Under Section 104 of the Bharatiya Nyaya Sanhita, 2023 (framed in conformity with the Supreme Court's…
Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides: "Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with…
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Under Section 104 of the Bharatiya Nyaya Sanhita, 2023 (framed in conformity with the Supreme Court's ruling in Mithu v. State of Punjab, (1983) against mandatory death sentences), what punishment is prescribed when a person under sentence of imprisonment for life commits murder?
Answer and explanation
Correct answer A
Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides: "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." Unlike the former Section 303 IPC (which mandated death and was struck down in Mithu v. State of Punjab, (1983)), Section 104 preserves judicial sentencing discretion between death and natural-life imprisonment.
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