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.
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 section | Covers | IPC, 1860 equivalent | Category |
|---|---|---|---|
| 103(1) | Ordinary murder punishment | 302 | Exact |
| 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.
(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.
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.
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.
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.
No. It punishes each member of the group that acted in concert to commit the murder, not only the person who directly caused death.
No. Per the BNSS First Schedule, both sub-sections are non-bailable, cognizable, and triable by the Court of Session.