IPC Section 303 = BNS Section 104
Murder by Life Convict
आजीवन कारावास भोग रहे व्यक्ति द्वारा हत्या
Overview
Side-by-Side Comparison
| Aspect | IPC (Old) | BNS (New) |
|---|---|---|
| Section Number | Section 303 | Section 104 |
| Title | Murder by Life Convict | Murder by Life Convict |
| Punishment | Death penalty (struck down by Supreme Court) | Death penalty or imprisonment for life |
| Cognizable | Yes — Police can arrest without warrant | |
| Bailable | No — Bail at the discretion of the court | |
| Compoundable | No — Cannot be compounded/settled | |
| Triable By | Court of Session | |
Key Changes
- Section number changed from IPC 303 to BNS 104
- IPC 303 was struck down by Supreme Court in Mithu v. State of Punjab (1983)
- BNS 104 provides death or life imprisonment as alternatives
Ingredients of the Offence
To establish this offence, the prosecution must prove:
- 1 The accused was undergoing sentence of imprisonment for life
- 2 The accused committed murder while serving such sentence
Frequently Asked Questions
What is the BNS equivalent of IPC Section 303?
IPC Section 303 (Murder by Life Convict) is now BNS Section 104 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.
Has the punishment changed from IPC 303 to BNS 104?
No, the punishment remains substantially the same. Under BNS 104: Death penalty or imprisonment for life.
Is BNS Section 104 cognizable?
Yes, BNS Section 104 is a cognizable, non-bailable, and non-compoundable offence.
Legal Disclaimer
This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.
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