Introduction of Section 104 BNS
Section 104 BNS addresses the punishment for a person who, while already serving a life sentence for a crime, commits murder. This section ensures stricter punishment for individuals who are already life-convicts and commit murder while serving their sentence. The law prescribes the death penalty or life imprisonment for the remainder of the person’s natural life.
The Bharatiya Nyaya Sanhita (BNS) Section 104 replaces the old Indian Penal Code (IPC) Section 303.
- Introduction of Section 104 BNS
- What is BNS Section 104 ?
- Section 104 BNS Overview
- BNS Section 104 in Simple Points
- BNS 104 bailable or not ?
- Bharatiya Nyaya Sanhita Section 104
- BNS Section 104 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 104 ?
BNS Section 104 deals with the punishment for a person who, already serving a life sentence, commits murder. It specifies that if someone under a life sentence commits murder, they could face death or another life sentence
Section 104 BNS Overview
BNS Section 104 focuses on the punishment for individuals who are already serving a life sentence and then commit murder. This section prescribes severe penalties to address such serious offenses. Specifically, it mandates either the death penalty or life imprisonment for the remainder of the individual’s natural life.
Section 104 BNS Overview
- Focus on Life-Convicts: Section 104 deals with those who are already serving a life sentence for another crime and then commit murder.
- Severe Punishment: The section prescribes the death penalty or life imprisonment for the remainder of the individual’s life.
- Definition of Life Imprisonment: Life imprisonment in this context means the person will be imprisoned for the entirety of their natural life, with no possibility of release.
- Cognizable Offense: The offense is cognizable, which means that the police can arrest the accused without needing a warrant and can start investigating immediately.
- Non-Bailable: The offense is non-bailable, meaning the accused cannot easily obtain bail and must remain in custody during the trial.
- Court of Session: The trial for this offense is conducted by the Court of Session, which handles serious crimes such as murder.
- No Early Release: Even if a life sentence is given, there is no provision for early release under this section, ensuring the convict remains in prison for their entire life.
- Focus on Public Safety: The section aims to ensure that individuals who are already deemed dangerous do not pose a further threat to society.
- High Standard of Proof: To secure a conviction under this section, a high standard of proof is required due to the severity of the punishment.
- Legal Implications: The section underscores the seriousness of committing murder while already serving a life sentence, reflecting the legal system’s focus on ensuring that severe crimes receive appropriate penalties.
BNS Section 104: Examples
- Example 1: A person named Ravi is serving a life sentence for robbery. While in prison, he commits another crime and kills a fellow inmate. Under Section 104, Ravi could be sentenced to death or life imprisonment for the rest of his life.
- Example 2: Sita is serving a life sentence for drug trafficking. While in prison, she murders another inmate during a fight. According to Section 104, Sita could face the death penalty or life imprisonment, with no chance of release.
BNS Section 104 in Simple Points
- Life Sentence: If someone is already serving a life sentence and they commit murder, the law is very strict with them.
- Additional Punishment: They could be punished with death or an additional life sentence, which means they could spend the rest of their life in prison.
- Purpose: This section ensures that individuals who are already serving life sentences and commit further crimes are given severe punishment.
- No Escape: It is meant to prevent those already convicted from continuing criminal activities while in prison.
- Legal Process: The case will be tried in a Court of Session, which handles serious criminal cases.
BNS 104 bailable or not ?
BNS Section 104 is non-bailable, meaning the individual accused under this section cannot easily get bail and must remain in custody during the trial.
Bharatiya Nyaya Sanhita Section 104
| BNS Section | Description | Cognizable/Non-Cognizable | Bailable/Non-Bailable | Compoundable/Non-Compoundable | Punishment | Trial By |
|---|---|---|---|---|---|---|
| 104 | Murder by a life-convict. | Cognizable | Non-Bailable | Non-Compoundable | Death or life imprisonment for natural life | Court of Session |
BNS Section 104 FAQs
What does BNS Section 104 deal with?
BNS Section 104 deals with punishment for murder committed by a life-convict. It prescribes death or life imprisonment for the offender.
What happens if a life-convict commits murder?
If a life-convict commits murder, they can be sentenced to either death or further life imprisonment under BNS Section 104.
Is the offense under Section 104 bailable?
No, the offense is non-bailable, meaning the accused cannot easily obtain bail.
Which court handles cases under Section 104?
Cases under Section 104 are tried by the Court of Session, as it deals with serious offenses like murder.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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