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Section 104 — Punishment for murder by life-convict
104
104
Punishment for murder by life-convict
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
MurderLife ImprisonmentPunishmentChapter VISevere
🗣️ Simple Explanation
What does this law say? Section 104 of the BNS deals with the punishment for murder committed by someone already serving a life sentence. If a person serving a life sentence commits murder, they will face the death penalty or life imprisonment. This section replaces no old section of IPC.
Why does this law exist? This law aims to deter those already serving life sentences from committing further violent crimes. It ensures that there are severe consequences for murder, even for those already incarcerated.
Real-life impact This law affects individuals who are already serving a life sentence and then commit murder. It ensures that they face the most severe penalties. It reinforces the seriousness of taking a human life.
What happens if you break this law? You will be punished with death or life imprisonment, which means the remainder of your natural life. Police can arrest you without a warrant.
⚖️ Punishment

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.

💡 Real Life Example

Rahul, already serving a life sentence, murders another inmate. Rahul faces the death penalty or life imprisonment. Amit, a life convict, plans and executes the murder of a prison guard. Amit faces the death penalty or life imprisonment. Sneha, serving life, kills another prisoner. She faces the death penalty or life imprisonment. The legal consequence is severe punishment.

🛡️ KNOW YOUR RIGHTS
  • •Immediately contact a lawyer.
  • •Understand the charges against you.
  • •Refuse to answer questions without legal counsel.
  • •Seek legal aid if you cannot afford a lawyer (Article 39A).
  • •Gather any evidence to support your defense.
❓ FREQUENTLY ASKED QUESTIONS
Under Section 104 of the BNS, if a person serving a life sentence commits murder, they will be punished with either the death penalty or life imprisonment. The life imprisonment in this case means the remainder of the person's natural life.
No, this is a non-bailable offense. Since the person is already serving a life sentence, the commission of another murder will result in the most severe penalties, and bail is not an option.
The purpose of this section is to deter those already serving life sentences from committing further violent crimes. It ensures that there are severe consequences for murder, even for those already incarcerated, and reinforces the seriousness of taking a human life.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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