BNS Section 103 : Punishment For Murder

Section 103 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It deals specifically with the punishment for the crime of murder. This provision underscores the gravity of intentionally taking another person's life, treating it as one of the most severe offenses under criminal law.

Definition of BNS Section 103

Section 103 of the BNS 2023 States:

(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 a group shall be punished with death or with imprisonment for life, and shall also be liable to fine.

Explanation and Illustration of BNS Section 103

Section 103 highlights the seriousness of murder, particularly when committed by a group with discriminatory motives. It emphasizes harsher penalties for those involved in such crimes, aiming to prevent targeted killings based on personal or social factors.

Illustration:

Individual Murder: A person kills another without any group involvement or discriminatory motive. This person would face the death penalty or life imprisonment, and may also be fined.
Group Murder with Discriminatory Motive: A group of five people, motivated by caste hatred, plan and kill an individual based on their caste. Each member of the group will face death or life imprisonment and a fine, regardless of their role in the killing.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 103

The section reflects the legal system's commitment to justice by prescribing stringent penalties for murder, thereby ensuring deterrence and the protection of society. It reinforces the sanctity of human life and the principle of proportionality in punishment, holding offenders fully accountable for their deliberate and unlawful actions.

Punishment for Murder:

Primary Penalties: Individuals convicted of murder may face either the death penalty or life imprisonment, depending on the severity of the case.

Additional Penalty: In addition to imprisonment, convicted persons may also be required to pay a fine.

Group Offenses:

Definition: When a murder is carried out by a group of five or more individuals acting collectively, especially with motives rooted in discriminatory factors such as race, caste, community, gender, place of birth, language, or personal beliefs, it qualifies as a group offense.

Penalties for Group Members:

Possible Sentences: Each group member involved can be sentenced to death, life imprisonment, or a minimum of seven years’ imprisonment.

Additional Penalty: Members of the group are also subject to monetary fines alongside imprisonment.

Differences Between Section 103 of BNS and its Equivalent IPC Section

This section outlines the key differences between Section 103 of BNS and its equivalent IPC section 302 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
103(1)	Punishment for murder.	302	No Change, except IPC section is included as subsection in BNS
103(2)	Punishment for murder. -		'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'.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

FAQs about Section 103 of the Bharatiya Nyaya Sanhita (BNS)

What is the equivalent IPC section?

It corresponds to Section 302 of the Indian Penal Code (IPC), which also prescribes punishments for murder.

Is it a cognizable offense?

Yes, murder under Section 103 is a cognizable offense, meaning the police can register and investigate it without prior approval.

Is it bailable or non-bailable?

Section 103 makes murder a non-bailable offense, requiring judicial intervention for bail

Which court handles trials under Section 103?

Cases under this section are triable only by a Court of Session due to the severity of the offense

Does the section focus on discriminatory motives?

Yes, murders committed on grounds like caste, religion, or gender are explicitly included to address bias-motivated violence

What is the primary aim of this section?

The section aims to deter severe crimes like murder and uphold accountability, particularly in cases involving group violence

Does BNS section 103 differentiate between types of murder?

Yes, the section categorises individual murders and group crimes separately, imposing equal liability on all members of the group