BNS Section 104: Punishment for Murder by a Life-Convict (IPC 303 Mapping) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 104 of the Bharatiya Nyaya Sanhita (BNS) sets the punishment for murder committed by a person who is already under a sentence of imprisonment for life. The BNS has been in force since 1 July 2024. Section 104 replaced Section 303 of the Indian Penal Code (IPC). The punishment is death or imprisonment for life, and for this section imprisonment for life means the remainder of the convict’s natural life. If you still look up "section 303 IPC", this is the provision you now need, but the law has changed in an important way. This explainer sets out what Section 104 covers, how it maps to the old law, and why the old Section 303 was struck down. Last verified October 2026.

01Why the section number changed

For generations, the punishment for murder by a life-convict sat in Section 303 of the Indian Penal Code. Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023, and this offence now sits in Section 104 of the BNS, with a key change in the sentence.

This matters in daily practice. A charge for an offence committed on or after 1 July 2024 is framed under the BNS, so it cites Section 104, not Section 303. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. For some years both numbers will appear in live cases.

02What Section 104 covers

Section 104 applies to a narrow class of offender. It covers a person who is already under a sentence of imprisonment for life and who, while under that sentence, commits murder. For such an offender, the punishment is death or imprisonment for life, and imprisonment for life here means the remainder of the person’s natural life.

The section does not define murder. The definition of murder sits in Section 101 of the BNS, and the general punishment for murder sits in Section 103. Section 104 is the special, heavier provision for a murder committed by someone who is already serving a life term.

03The Mithu background and the key change

The old Section 303 of the IPC made the death penalty mandatory for a life-convict who committed murder. The court had no choice in the sentence. In Mithu v. State of Punjab (1983), the Supreme Court struck down Section 303 as unconstitutional, because a mandatory death sentence with no judicial discretion violated the right to life and to a fair procedure.

Section 104 of the BNS re-enacts an offence in this space, but it is drafted differently from the struck-down provision. It gives the court a choice between death and imprisonment for life, rather than making death mandatory. How the courts read and apply Section 104 against the Mithu principle is an active question, so the developing case law is worth watching.

The old Section 303 made death mandatory and was struck down in Mithu. Section 104 instead offers the court a choice between death and life imprisonment.

04Old to new: IPC 303 to BNS 104

Section 303 of the IPC is now Section 104 of the BNS, but the sentence is no longer a mandatory death penalty.

This is not a simple renumbering. The substance of the sentence has changed to add judicial discretion.

05Punishment and classification

The punishment under Section 104 is death or imprisonment for life. Where life imprisonment is awarded under this section, it means imprisonment for the remainder of the convict’s natural life, with no implied scope for the ordinary rules on remission to cut it short.

On classification, murder under Section 104 is treated as:

• Cognizable: the police can register an FIR and investigate without prior approval of a court.
• Non-bailable: bail is not a matter of right and is decided by the court.
• Triable by the Court of Session: it is among the gravest offences in the code.

06A note on the common search for this number

The BNS renumbered the criminal law heavily, so you cannot assume a new section carries the old subject that sat at the same position in the IPC. Section 104 is a clear example. It is the special punishment for murder by a life-convict, not an offence about negligence.

Causing death by a rash or negligent act is a separate section of the BNS. Always read the bare text of the section before you draft a charge or an application.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A Section 104 case turns on hard sentencing questions, and the law is still settling against the Mithu principle, so you need both the authorities and the latest orders on how courts read the old Section 303 and the new Section 104. Claw searches more than 30 crore judgments, the Supreme Court from 1950 and the High Courts from 1990, and brings a sentencing ruling back in under five seconds, while tracking any live matter, its orders and hearings, across 9,102 courts, benches and forums, by party or advocate name. A related homicide rule, the transfer of malice where the wrong person is killed, is covered by Section 102 of the BNS.

Claw does not use customer case documents to train its AI models. Open a free Claw account to research the punishment for murder by a life-convict and follow such cases by party or advocate name. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 104, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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