BNS Section 104

Section 104 of the Bharatiya Nyaya Sanhita (BNS) addresses the punishment for murder committed by a person already serving a life sentence.

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.

Example :
Vijay, who was already sentenced to life imprisonment for an offence, murders Rakesh while out on bail. Vijay will now be punished with death or life imprisonment (for the remainder of his life). 

Key Points in BNS-104
 

1. Circumstances:
    

   • Under Sentence of Life Imprisonment: This provision applies to individuals who are already serving a life sentence for a previous crime.
      

2. Action Committed:
    

   • Committing Murder: If such an individual commits murder while serving the life sentence, it triggers additional penalties.
      

3. Penalties:
    

   • Death Penalty or Extended Life Imprisonment:
      

     • Death Penalty: The individual may be sentenced to death for committing murder while already serving life imprisonment.
        

     • Extended Life Imprisonment: Alternatively, the individual may receive a life sentence that extends for the remainder of their natural life, effectively meaning they will spend the rest of their life in prison without the possibility of release.
        

Summary

BNS-104 stipulates that an individual already serving a life sentence who commits murder will face either the death penalty or a life sentence that lasts until the end of their natural life. This provision ensures that those who commit serious offenses while already incarcerated face severe additional consequences.

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