Section 303 IPC and Section 104 BNS: Murder by a Life Convict
Section 303 of the Indian Penal Code, 1860 prescribed a mandatory death sentence when a person already under a sentence of life imprisonment committed murder. The Supreme Court declared that provision unconstitutional in 1983. The current Bharatiya Nyaya Sanhita, 2023 addresses the subject in Section 104, providing sentencing alternatives.
What did Section 303 IPC provide?
The historical text of Section 303 IPC, headed "Punishment for murder by life-convict", stated:
"Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death."
This provision did not permit the sentencing court to choose life imprisonment instead of death. That compulsory consequence was the constitutional defect identified by the Supreme Court.
Supreme Court judgment: Mithu v. State of Punjab
In Mithu v. State of Punjab, AIR 1983 SC 473; (1983) 2 SCC 277, a Constitution Bench held Section 303 IPC unconstitutional and void for violating Articles 14 and 21 of the Constitution. The Court rejected a mandatory death sentence without individualized judicial consideration. Consequently, Section 303 could no longer operate as a valid basis for compulsory capital punishment. The ordinary murder provision, Section 302 IPC, remained relevant under the former Code.
Current law: Section 104 of Bharatiya Nyaya Sanhita, 2023
Section 104 BNS is titled "Punishment for murder by life-convict". It provides:
"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."
Unlike the invalidated IPC Section 303, the BNS provision expressly provides an alternative to death. A sentence of imprisonment for life under this section is defined in the statutory text as extending to the remainder of the person's natural life. The imposition of death remains subject to constitutional sentencing safeguards and judicial scrutiny.
Comparison of Section 303 IPC and Section 104 BNS
| Issue | Section 303 IPC | Section 104 BNS |
|---|---|---|
| Subject | Murder by a person under a life sentence | Murder by a person under a life sentence |
| Textual punishment | Mandatory death | Death or life imprisonment for remainder of natural life |
| Legal status | Declared unconstitutional in 1983; IPC subsequently repealed | In force from 1 July 2024 |
| Sentencing discretion | Excluded by its wording | Alternative punishment expressly available |
Meaning of important legal terms
Life convict
A person who is under a sentence of imprisonment for life. The section requires attention to the offender's sentence status at the time of the alleged murder.
Murder
Murder is defined by Section 101 BNS, read with Section 100 concerning culpable homicide. Under the former IPC, Sections 299 and 300 supplied the corresponding definitions.
Death penalty
Capital punishment is a legally available sentence for certain offences, but it is not automatic under Section 104 BNS. Courts must apply constitutional principles and the governing sentencing procedure.
Is the offence cognizable and bailable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under Section 104 BNS is cognizable, non-bailable and triable by a Court of Session. Non-bailable does not mean that bail is legally impossible; release is subject to the applicable law and judicial determination.
Does Section 303 IPC still apply?
The mandatory death sentence in Section 303 IPC was already unconstitutional before the BNS commenced. The BNS replaced the IPC from 1 July 2024, subject to repeal and savings provisions governing earlier acts and proceedings. The date of the alleged offence and applicable transitional law should be examined in each case.
Frequently asked questions
What is the new BNS section corresponding to IPC 303?
Section 104 of the Bharatiya Nyaya Sanhita, 2023.
Is death compulsory for murder committed by a life convict?
No. The Supreme Court struck down the mandatory-death rule in Section 303 IPC. Section 104 BNS expressly permits either death or imprisonment for the remainder of natural life.
What is the difference between BNS Sections 103 and 104?
Section 103 provides punishment for murder generally. Section 104 specifically addresses murder by a person who is already under a sentence of life imprisonment.
Official legislation and further reading
Bharatiya Nyaya Sanhita, 2023 - official India Code PDF; India Code legislative database; National Crime Records Bureau BNS comparison; Supreme Court of India.
This article is general legal information and does not substitute for advice based on the facts and procedural posture of a particular case.