Which one of the following sections of the Bharatiya Nyaya Sanhita, 2023 governs murder committed by a…
Section 104 of the Bharatiya Nyaya Sanhita, 2023 governs punishment for murder by a life-convict and prescribes death or imprisonment for life, meaning the remainder of that…
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Which one of the following sections of the Bharatiya Nyaya Sanhita, 2023 governs murder committed by a person under sentence of imprisonment for life and provides the alternative punishment of imprisonment for the remainder of that person's natural life alongside death, so as to conform with Articles 14 and 21 of the Constitution of India?
Answer and explanation
Correct answer B
Section 104 of the Bharatiya Nyaya Sanhita, 2023 governs punishment for murder by a life-convict and prescribes death or imprisonment for life, meaning the remainder of that person's natural life. Under the repealed Indian Penal Code, 1860, the corresponding Section 303 had prescribed a mandatory death sentence, which the Supreme Court declared unconstitutional in Mithu v. State of Punjab (1983) for violating Articles 14 and 21 of the Constitution. Section 102 of the Bharatiya Nyaya Sanhita, 2023 deals with culpable homicide by causing the death of a person other than the one intended (formerly Section 301), Section 108 deals with abetment of suicide (formerly Section 306), and Section 90 deals with death caused by an act done with intent to cause miscarriage (formerly Section 314).
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