IPC Section 303 = BNS Section 104

Murder by Life Convict

आजीवन कारावास भोग रहे व्यक्ति द्वारा हत्या

Offences Against the Body No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 303 of the IPC provided mandatory death penalty for murder committed by a person serving life imprisonment. The Supreme Court struck down this section in Mithu v. State of Punjab (1983). Under BNS 2023, Section 104 retains the provision but provides death or life imprisonment as alternatives.

Hindi IPC की धारा 303 आजीवन कारावास भोगने वाले व्यक्ति द्वारा हत्या के लिए अनिवार्य मृत्युदंड का प्रावधान करती थी। BNS 2023 में यह धारा 104 है।

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. 1 The accused was undergoing sentence of imprisonment for life
  2. 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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