Official Text
“Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.”
Legal Analysis
Elements to Prove:
- The accused was under sentence of imprisonment for life.
- They committed murder while serving that sentence.
- The murder was committed after the life sentence was imposed.
Potential Defenses:
- The accused was not under life sentence.
- No murder was committed.
- The murder was committed before the life sentence.
Practical Examples
What Constitutes the Offense:
A person serving life imprisonment who kills another inmate or prison staff.
What Doesn't Constitute:
A person who committed murder before being sentenced to life imprisonment.
Important Case Laws
Mithu v. State of Punjab (1983)
The Supreme Court struck down this section as unconstitutional, holding that mandatory death penalty violated Article 21 of the Constitution.
Punishment
Death
Related Information
Connected Sections:
This section was struck down by the Supreme Court. Murder by life-convicts is now punished under Section 302.
Procedural Aspects:
This section is no longer in force due to Supreme Court judgment.