Under Section 104 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment prescribed when a person…
Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides that 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, what is the punishment prescribed when a person who is already under a sentence of imprisonment for life commits murder?
Answer and explanation
Correct answer A
Section 104 of the Bharatiya Nyaya Sanhita, 2023 provides that 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 former Section 303 IPC — which prescribed a mandatory death sentence and was declared unconstitutional by the Supreme Court in Mithu v. State of Punjab (1983) for violating Articles 14 and 21 — Section 104 BNS preserves judicial sentencing discretion between death and natural-life imprisonment.
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