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Which of the following statements is/ are correct ? 1. The Supreme Court of India, in Mithu v. State of…

Only the statement about Mithu is correct. Mithu invalidated the mandatory death penalty for murder committed by a life convict. BNS Section 104 permits either death or…

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Which of the following statements is/ are correct ?
1. The Supreme Court of India, in Mithu v. State of Punjab (1983) held that 'there is no rational basis for classifying persons who commit murders whilst they are under the sentence of life imprisonment as distinguished from those who commit murders whilst they are not under the sentence of life imprisonment'
2. According to Bharatiya Nyaya Sanhita, 2023, 'whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death'
3. Mithu v. State of Punjab (1983) was overruled in Gian Kaur v. State of Punjab, 1996 Select the answer using the code given below :

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Answer and explanation

Correct answer B

Only the statement about Mithu is correct. Mithu invalidated the mandatory death penalty for murder committed by a life convict. BNS Section 104 permits either death or imprisonment for the remainder of natural life, while Gian Kaur concerned suicide and abetment of suicide and overruled P. Rathinam.

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