Criminal LawSection 104, Bharatiya Nyaya Sanhita, 2023

BNS Section 104

What if someone serving a life sentence commits murder?

Short answer

They can be sentenced to death or to life imprisonment for the rest of their natural life.

In detail

If a person is already serving a life sentence and then commits murder, the law allows the court to impose either the death penalty or a new life sentence that lasts until the offender’s natural death. The punishment is not automatic; the judge chooses between death or life imprisonment. The rule applies only when the offender is already under a life sentence. It is a specific provision in the criminal code that deals with this situation. The law does not mention other types of punishment or any special circumstances beyond the fact that the offender is already serving life. The provision is found in Section 104 of the Bharatiya Nyaya Sanhita, 2023.

Reviewed by LegalX Editorial · 3 September 2026View source

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