Under the Indian Penal Code, 1860 (in force until 30 June 2024), a convict undergoing a sentence of imprisonment for life committed murder and he is convicted. What substantive sentence shall be…

Section 303 IPC made death the mandatory sentence for murder by a life convict. In Mithu v. State of Punjab (1983) the Supreme Court struck down Section 303 as unconstitutional (violating Arts 14 and 21), so the case fell under Section 302 and, outside the rarest of rare cases, the sentence was life imprisonment. The option saying 'shall' was read as 'may' misstates Mithu (the section was struck down, not read down), and the option relying only on the existing life sentence gives the wrong reason. Since 1 July 2024 the Bharatiya Nyaya Sanhita, 2023 (BNS) applies: Section 104 BNS punishes murder by a life convict with death or imprisonment for life meaning the remainder of natural life, with no mandatory death sentence.