VIJAYAWADA: A Public Interest Litigation (PIL) has been filed in the High Court challenging Section 104 of the Bharatiya Nyaya Sanhita (BNS), which mandates either the death penalty or life imprisonment for a convict already serving a life sentence who commits another murder.
The petitioner, Baggu Venkata Satya Chandrasekhar from Chodavaram, argued that the provision is unconstitutional, violates fundamental rights, and restricts judicial discretion.
Representing him, advocate Akula Srikrishna Sai Bhargav cited the Supreme Court’s earlier decision striking down IPC Section 303, claiming Section 104 suffers from similar flaws.
He asserted that the provision strips courts of the ability to weigh mitigating circumstances, compelling judges to impose only death or life imprisonment without the possibility of remission, thereby violating constitutional safeguards.
A division bench led by Chief Justice Dhiraj Singh Thakur issued notices to the Union and State Law and Home Secretaries, directing them to file detailed counter-affidavits.