Which section of the Bharatiya Nyaya Sanhita, 2023 prescribes the punishment for murder committed by a…
Section 104 of the Bharatiya Nyaya Sanhita, 2023 prescribes that whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with…
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Which section of the Bharatiya Nyaya Sanhita, 2023 prescribes the punishment for murder committed by a person under sentence of imprisonment for life as death or imprisonment for the remainder of that person's natural life, preserving judicial sentencing discretion in accordance with Articles 14 and 21 of the Constitution of India?
Answer and explanation
Correct answer C
Section 104 of the Bharatiya Nyaya Sanhita, 2023 prescribes 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. By providing imprisonment for the remainder of natural life as an alternative to death, Section 104 avoids the unconstitutional mandatory death penalty that existed under erstwhile Section 303 of the Indian Penal Code, 1860 (struck down in Mithu v. State of Punjab, 1983 as violating Articles 14 and 21). Section 102 deals with culpable homicide by causing the death of a person other than the person whose death was intended, Section 103 prescribes the general punishment for murder, and Section 105 prescribes the punishment for culpable homicide not amounting to murder.
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