Offences for which death penalty may be awarded under the BNS, 2023

1. Punishment for rape that causes death or results in persistent vegetative state of victim (S.66)
2. Gang rape S. 70(2)
3. Punishment for repeat offenders guilty of rape (S.71)
4. Murder (S. 103)
5. Punishment for murder by life convict (S. 104). Mandatory death penalty was struck down by the Supreme Court in the case of Mithu v. Stage of Punjab (AIR 1983 SC 473) as being unconstitutional and void.
6. Abetment of suicide of a minor, insane; or intoxicated person. (S. 107)
7. Attempt to murder by a person under sentence of imprisonment for life if hurt is caused. (S. 109(2))
8. Terrorist Act S. 113(2)
9. Kidnapping or abducting in order to murder or for ransom etc. (S. 140(2))
10. Waging, or attempting to wage war, or abetting waging of war against the Government of India. (S. 147)
11. Abetting mutiny actually committed (S. 160)
12. Giving or fabricating false evidence upon which an innocent person suffers death. (S. 230(2))
13. Dacoity accompanied with murder. (S. 310(3))

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