Bharatiya Nyaya Sanhita, 2023

All sections
Section 103 Earlier IPC 302

Punishment for murder

Chapter 6: Offences affecting the human body

(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.

The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.

Nature of the offence

First Schedule of the BNSS
CognizablePolice can arrest without a warrant
Non-bailableBail is not a matter of right
Court of SessionTried by the Sessions Court
Not compoundableCannot be settled by compromise

LEGAFLIX NOTES

In simple words

Once murder is proved, the court has only two sentences to choose from: death or imprisonment for life. Either can come with a fine.

Sub-section (2) is new. When five or more people together kill someone on grounds such as caste, community, language or personal belief, every member of the group gets the same punishment.

103(1)Same as old IPC 302, same punishment.
103(2)Entirely new: murder by a mob.

Related sections

Key cases on this section

Bachan Singh v. State of PunjabDeath sentence only in the “rarest of rare” cases, with special reasons recorded.(1980) 2 SCC 684
Machhi Singh v. State of PunjabGuidelines for deciding what is “rarest of rare”.(1983) 3 SCC 470