Introduction of Section 104 BNS
Section 104 BNS deals with a very serious situation in criminal law — when a person already serving a life sentence for another crime commits murder. Since such offenders have already been convicted of grave crimes, this section ensures that they face the harshest punishment if they kill again.
The law prescribes death penalty or life imprisonment for the remainder of the convict’s natural life, with no chance of early release or remission. This makes it clear that society must be fully protected from individuals who continue to commit heinous crimes even after being sentenced to life imprisonment.
The Bharatiya Nyaya Sanhita (BNS) Section 104 replaces the old Indian Penal Code (IPC) Section 303.
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 is a very specific provision that applies only to prisoners who are already serving a life sentence for another crime. If such a convict commits murder while under imprisonment, this section becomes applicable. The law recognizes that a person who has already committed a grave offense and continues to kill even during their sentence is a serious threat and must face stricter punishment than ordinary offenders.
Severe Punishment
This section prescribes the harshest penalties in Indian criminal law. A life-convict who commits murder may be punished with either the death penalty or life imprisonment for the remainder of their natural life. By offering these two severe options, the law ensures that repeat offenders cannot take advantage of legal loopholes or leniency after committing multiple heinous crimes.
Definition of Life Imprisonment
In ordinary cases, life imprisonment can sometimes mean 14 or 20 years with remission. However, under Section 104, life imprisonment means imprisonment till the convict’s natural death. There is no provision for parole, remission, or early release. This interpretation makes the punishment far stricter and ensures that dangerous criminals remain permanently behind bars if they are not sentenced to death.
Cognizable Offense
Murder by a life-convict is classified as a cognizable offense. This means the police have full authority to arrest the accused without a warrant and immediately begin an investigation. The seriousness of the crime demands quick and decisive action, ensuring that law enforcement does not need to wait for judicial approval to act.
Non-Bailable
The offense under Section 104 is non-bailable, which means the accused cannot easily obtain bail and will remain in custody during trial. Only higher courts may consider granting bail in very exceptional circumstances, reflecting the gravity of the crime and the potential risk posed by releasing such offenders.
Court of Session
Trials under Section 104 are conducted exclusively in the Court of Session, which is authorized to handle the most serious offenses like murder and rape. Lower courts do not have jurisdiction in such cases because they involve the possibility of death penalty or life imprisonment without release, punishments that require higher judicial scrutiny.
No Early Release
One of the strictest features of this section is that no early release is possible. Even if the convict is sentenced to life imprisonment instead of death, that sentence means imprisonment for their entire natural life. The law ensures that such repeat offenders cannot be released on parole, remission, or any other form of early release, making their imprisonment permanent.
Focus on Public Safety
Section 104 reflects the law’s emphasis on public safety. A person who has already committed a grave crime and goes on to commit murder again, even inside prison, is considered a continuing danger to society. This provision ensures the safety of fellow inmates, prison authorities, and the public at large by keeping such offenders permanently confined or by awarding them the death penalty.
High Standard of Proof
Since the punishment under this section is extremely harsh, the prosecution must meet a very high standard of proof. The court will carefully examine all evidence, witness testimony, and circumstances before awarding a conviction. This strict scrutiny ensures that no innocent person is wrongly punished under such a severe provision.
Legal Implications
Section 104 reflects the strictest approach of the legal system toward repeat offenders. It highlights that committing murder while already serving a life sentence is an aggravated form of crime that deserves no leniency. By mandating either the death penalty or life imprisonment for natural life, this provision reinforces uncompromising justice and ensures that society is fully protected from dangerous criminals.
BNS Act 104
Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death, or with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.”
This provision is meant for life convicts who commit murder while serving their sentence. It ensures that punishment is severe and uncompromising, leaving no scope for leniency.
- If a prisoner serving life imprisonment commits murder, they may face the death penalty.
- If the court does not award death, the convict will be sentenced to life imprisonment for the rest of their natural life, meaning no parole, remission, or early release.
The goal is two-fold:
- To protect society and fellow inmates from dangerous offenders.
- To deter life convicts from committing further violent crimes.
Key Elements of the Offense
- Life Convict: The offender must already be serving life imprisonment.
- Murder Committed: A new murder is committed while still under sentence.
- Strict Punishment: Only two punishments are possible — death or natural life imprisonment.
- No Early Release: Life means imprisonment till the convict’s death.
- Legal Nature: Cognizable, non-bailable, non-compoundable, tried by Sessions Court.
Examples to Understand
Example 1 (Offense):
Ravi is serving life imprisonment for armed robbery. While in jail, he kills another inmate during a fight.
Under Section 104, Ravi can be punished with death or life imprisonment for the rest of his life.
Example 2 (Offense):
Sita, serving a life sentence for drug trafficking, stabs and kills a jail guard.
She may face the death penalty or imprisonment for her entire natural life.
Example 3 (Not Applicable):
Arjun, serving life imprisonment, injures a fellow prisoner in a quarrel, but the victim survives.
Section 104 does not apply because no murder was committed. Other sections for grievous hurt may apply.
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.
Comparison: BNS Section 104 vs IPC Section 303
| Section | Offense | Punishment | Cognizable? | Bailable? | By What Court Triable |
|---|---|---|---|---|---|
| BNS Section 104 | Deals with murder committed by a person already under a life sentence. It criminalizes intentional killing by a life convict. | Death penalty or life imprisonment (as per judicial discretion) + fine. | Cognizable | Non-bailable | Court of Session |
| IPC Section 303 (Old) | Applied to murder committed by a life convict. This section made the death penalty mandatory for such offenders. | Mandatory death penalty (no alternative of life imprisonment). Struck down by Supreme Court in Mithu v. State of Punjab (1983) as unconstitutional. | Cognizable | Non-bailable | 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.
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Conclusion
BNS Section 104 ensures that life-convicts who commit murder face the most severe punishment. By mandating either death or imprisonment for natural life without remission, the law protects society, prison authorities, and fellow inmates from dangerous repeat offenders. This provision strengthens accountability and ensures that justice is uncompromising for the gravest crimes.
Finished with BNS 104 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 105 BNS : Punishment for culpable homicide not amounting to murder .
- https://marriagesolution.in/bns_section/105-bns/
- BNS 106 : Causing death by negligence .
- https://marriagesolution.in/bns_section/bns-106/
- Section 107 BNS : Abetment of suicide of child or person with mental illness .
- https://marriagesolution.in/bns_section/section-107-bns/
- 108 BNS : Abetment of suicide
- https://marriagesolution.in/bns_section/108-bns/
- 109 BNS : Attempt to murder .
- https://marriagesolution.in/bns_section/109-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list