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.
Simplified Explanation
Section 104 of the Bharatiya Nyaya Sanhita (Indian Penal Code) specifically addresses the punishment for murder committed by a life convict. This section is a special provision related to individuals who are already serving a life sentence and commit the offense of murder during their imprisonment.
Text of Section 104
The section states:
“Whoever, being under a sentence of imprisonment for life, commits murder, shall be punished with death.”
Explanation
Section 104 of the IPC outlines a specific punishment for a person who is already serving a life sentence and commits the offense of murder while under imprisonment.
- Life Convict: A life convict refers to a person who has been sentenced to life imprisonment for a previous offense and is serving their sentence in prison.
- Punishment for Murder: If this person, while in prison, commits murder, the punishment for this offense is automatically death.
- In other words, a person already serving a life sentence who murders another person while in prison will face the death penalty rather than life imprisonment or any lesser sentence.
Key Points
- The section specifically applies to life convicts who commit murder. The intent behind this provision is to deter life convicts from committing additional heinous crimes while under imprisonment.
- This provision reflects the seriousness of committing murder by a person who is already serving a life sentence. It suggests that a life convict who goes as far as committing murder while in prison has demonstrated a greater level of criminality, deserving of the death penalty.
- It is important to note that the death penalty here is mandatory for the convicted individual who murders while serving a life sentence. The court does not have the discretion to impose life imprisonment or any other lesser punishment in such cases.
Example
- A person convicted of a previous crime and serving a life sentence in prison might murder a fellow inmate or a prison officer. Under Section 104, this person would then face the death penalty for the murder committed during their imprisonment, irrespective of any previous mitigating circumstances in their life sentence case.
Rationale
- Section 104 acts as a deterrent against the escalation of criminal behavior by those already in custody. It sends a strong message that individuals serving life sentences will face the most severe punishment, death, if they commit further murders.
Conclusion
In essence, Section 104 of the IPC punishes life convicts who commit murder during their incarceration with the death penalty. This provision underscores the gravity of murder, especially by those who are already being punished for a previous crime, reinforcing the state’s stance against repeated acts of violence.
