Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter VI · Of Offences Affecting the Human Body — Of Offences Affecting Life
← Previous Section 103 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 103

Punishment for Murder

Section 103 sets the punishment for murder: death or imprisonment for life, and fine, for an ordinary murder under sub-section (1). Sub-section (2) creates a distinct offence for murder committed by a group of five or more persons acting in concert on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground — each member of the group faces the same punishment: death or imprisonment for life, and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 103 to old IPC Section 302 and itself flags the mapping as "(Change)," and cross-checked directly against the bare text of both Acts.

BNS sectionCoversIPC, 1860 equivalentCategory
103(1)Ordinary murder punishment302Exact
103(2)Murder by a group of five or more, on listed grounds—No predecessor

Sub-section (1) reproduces old IPC Section 302's punishment for murder without any substantive change. Sub-section (2), addressing murder committed by a group of five or more persons acting in concert on grounds such as race, caste or community, sex, place of birth, language, or personal belief, has no equivalent under the old Indian Penal Code, 1860 — it is entirely new to the Bharatiya Nyaya Sanhita.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023:

(1) — ordinary murder: punishment of death or imprisonment for life, and fine · cognizable · non-bailable · triable by the Court of Session.
(2) — murder by a group of five or more: punishment of death or imprisonment for life, and fine, for each member of the group · cognizable · non-bailable · triable by the Court of Session. Neither sub-section is listed as compoundable.

Statutory Text (Verbatim)

(1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

(2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

(1) Punishment for ordinary murder

Explanation (Lexovia's Commentary)

Sub-section (1) sets the baseline punishment for murder as defined in Section 101: death or imprisonment for life, with fine also being mandatory. The choice between death and life imprisonment, and the amount of fine, rests with the court on the facts of each case.

Illustration (Lexovia's Own Example)
A is convicted of murder under Section 101 for killing Z with the intention of causing death. A is liable under Section 103(1) to death or imprisonment for life, and fine.

(2) Murder by a group of five or more on listed grounds

Explanation (Lexovia's Commentary)

Sub-section (2) addresses murder committed collectively: where a group of five or more persons, acting in concert, commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground, each individual member of the group faces the same punishment as an ordinary murderer — death or imprisonment for life, and fine. The punishment attaches to each member of the group, not only to whoever struck the fatal blow.

Illustration (Lexovia's Own Example)
A group of six persons, acting in concert and targeting Z because of Z's caste, together commit Z's murder. Each of the six members of the group is liable under Section 103(2) to death or imprisonment for life, and fine, regardless of which individual member directly caused Z's death.
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Is sub-section (2) a new offence under the Bharatiya Nyaya Sanhita?

Yes. The concordance confirms sub-section (2), addressing murder by a group of five or more persons on listed grounds, has no equivalent under the old Indian Penal Code, 1860.

Does sub-section (2) require every member of the group to have personally killed the victim?

No. It punishes each member of the group that acted in concert to commit the murder, not only the person who directly caused death.

Is murder under either sub-section bailable?

No. Per the BNSS First Schedule, both sub-sections are non-bailable, cognizable, and triable by the Court of Session.

← Previous Section 103 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.