IPC 303 → BNS 104: Murder by Life Convict

Quick Summary: IPC 303 vs BNS 104

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 303 deals with murder by life convict, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers murder by life convict as BNS 104 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 303 cover?

IPC 303 dealt with murder by life convict — punishment for murder by life convict. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 104: What changed in the new law?

IPC 303 was struck down by SC; BNS 104 reintroduces it with 'Death or Life' option. From 1 July 2024, new complaints relating to murder by life convict are filed under BNS Section 104, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 104

Death or Life Imprisonment

Practical implications for advocates, police & citizens

• Advocates: For murder by life convict, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 303 carefully to BNS 104.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new murder by life convict FIR is filed under BNS 104.
• Law students & citizens: Punishment for murder by life convict rises sharply with the seriousness of the harm and the victim — the IPC 303 to BNS 104 change does not lower it.