Introduction of BNS 103
Murder is one of the gravest crimes in criminal law, and Section 103 of the Bharatiya Nyaya Sanhita (BNS) prescribes the harshest punishments, including the death penalty. It not only punishes individuals who commit murder but also addresses group killings carried out with discriminatory motives—ensuring equal accountability for all members involved.
The Bharatiya Nyaya Sanhita (BNS) Section 103 replaces the old Indian Penal Code (IPC) Section 302.
What is BNS Section 103 ?
BNS 103 defines the punishment for committing murder. It provides that a person found guilty of murder can be sentenced to death or life imprisonment and may also be fined. In cases where a murder is committed by a group of five or more people based on discriminatory grounds, the punishment is equally severe for all participants, and they can face the death penalty or life imprisonment, along with a fine.
BNS Act 103
Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
If five or more persons acting together commit murder on grounds of race, caste, community, sex, place of birth, language or religion, each of them shall be punished with death, or imprisonment for life, and shall also be liable to fine.”**
This section lays down the punishment for murder—the most serious offence under criminal law. It provides for death penalty or life imprisonment, along with a fine.
Who Can Be Punished?
It has two parts:
- Individual Murder (103(1)) – When a person deliberately kills another.
- Group Murder (103(2)) – When five or more people commit murder together on discriminatory grounds like caste, race, religion, sex, language, or community.
In both cases, the law ensures that punishment is severe and uncompromising.
- Any person who intentionally causes death of another.
- Any group of five or more persons who kill someone with discriminatory intent.
- Even if one person in the group did not strike the fatal blow, all are equally liable if they acted together.
Key Elements of the Offense
- Intention to Kill – The murder must be deliberate and unlawful.
- Group Liability – If five or more people commit murder on discriminatory grounds, each one is equally responsible.
- Discriminatory Motive – Murders motivated by caste, religion, race, gender, language, or community are treated as aggravated crimes.
- Equal Punishment – Every member of the group faces the same sentence.
- Fine in Addition – The punishment includes not only imprisonment or death but also a fine.
Legal Nature of the Offense
- Cognizable – Police can arrest without a warrant.
- Non-Bailable – Bail is not a right and is very hard to get.
- Non-Compoundable – Cannot be settled outside court.
- Triable by – Court of Session, due to the seriousness of the offence.
Punishment
- Death Penalty – In rarest of rare cases.
- Life Imprisonment – For the entire natural life of the convict.
- Fine – In addition to imprisonment or death, as decided by the court.
Illustrations (Examples)
Example 1 (Individual Murder – Offense):
Ravi intentionally stabs Mohan with the motive to kill. Mohan dies.
Ravi can be sentenced to death or life imprisonment under Section 103(1), along with a fine.
Example 2 (Group Murder – Offense):
Five men, including Arjun and Imran, kill Ramesh because of his caste.
All five are equally guilty under Section 103(2), even if only one struck the final blow. Each may be punished with death or life imprisonment.
Example 3 (Non-Offense – Accident):
Prakash accidentally runs over a pedestrian while driving carefully.
This is not murder under Section 103, because there was no intention to kill. It may fall under negligence provisions instead.
Example 4 (Group Attack Without Discrimination):
Four friends attack a rival and kill him in a fight.
Section 103(2) does not apply because it was not five or more persons and there was no discriminatory motive. They may still be punished under 103(1).
Why this BNS Act is Important
- Protects Society – Ensures the harshest punishment for the gravest crime.
- Deters Mob Violence – Specially targets group killings on discriminatory grounds (like caste-based lynching).
- Equal Responsibility – Prevents group members from escaping liability.
- Modernizes Law – Builds on IPC 302 by adding explicit coverage of group discriminatory murders.
BNS Section 103(1) in Simple Points
- Intentional Murder:
This section applies when a person deliberately and intentionally causes the death of another person. The act of murder is considered intentional, and there is a clear motive behind the killing. - Severe Punishment:
The convicted person can be sentenced to death or life imprisonment. The choice between these two punishments depends on the severity and circumstances of the case. - Additional Fine:
Besides imprisonment or death, the offender may also be required to pay a fine as an additional punishment. This fine is imposed to further penalize the convicted person. - Cognizable Offense:
Murder under this section is considered a cognizable offense, meaning that the police can arrest the accused without a warrant and begin an investigation immediately. - Non-Bailable and Non-Compoundable:
This offense is non-bailable, meaning the accused cannot be easily granted bail, and non-compoundable, which means the case cannot be settled outside the court through mutual agreement between the parties.
Example:
A intentionally shoots B with the intent to kill, and B dies from the gunshot wound. Under BNS Section 103(1), A can be sentenced to death or life imprisonment, and may also face a fine for committing murder.
Section 103(2) BNS Overview
- Murder by a Group:
This section applies when five or more people commit murder together. It focuses on group responsibility, especially if the murder is carried out by a group of people acting in concert. - Discriminatory Grounds:
If the murder is committed on discriminatory grounds—such as race, caste, religion, sex, or language—all members of the group are held equally responsible. The law treats such discriminatory murders with additional seriousness. - Equal Punishment for All Group Members:
Every individual in the group that commits the murder is subject to the same punishment, regardless of their level of involvement. Each member faces either death or life imprisonment, along with a fine. - Cognizable Offense:
Like individual murder, group murder is also a cognizable offense, allowing the police to arrest the group members without needing a warrant. - Non-Bailable and Non-Compoundable:
The offense is non-bailable—meaning none of the group members can easily obtain bail—and non-compoundable, so the case cannot be settled through an agreement between the parties.
Example:
A group of five people, including C, D, E, F, and G, attack and kill H because of his caste. Under BNS Section 103(2), all five group members can be sentenced to death or life imprisonment, and each may also be fined for committing murder as part of the group.
BNS Section 103 Overview
BNS Section 103 deals with punishment for murder. It defines the consequences for committing murder, which include death or life imprisonment, and a fine. The section also addresses cases where murder is committed by a group of five or more people, imposing the same punishment on all members of the group if the murder is committed with discriminatory intent based on factors like race, caste, or gender.
10 Key Points
- Definition of Murder:
This section focuses on individuals who intentionally cause the death of another person. Murder is considered one of the gravest criminal offenses. - Death Penalty or Life Imprisonment:
If convicted of murder, a person may face either the death penalty or life imprisonment. The court decides the appropriate sentence based on the case. - Fine:
In addition to imprisonment, the guilty person may also be required to pay a fine as part of their punishment. - Discriminatory Murders:
When murder is committed by a group of five or more people based on grounds such as race, caste, religion, or gender, all members of the group face the same severe punishment. - Group Responsibility:
Even if a person in the group did not directly commit the murder, they are equally responsible under the law if they were part of the group that carried out the crime. - Cognizable Offense:
Since murder is a cognizable offense, the police have the authority to arrest suspects without a warrant and begin an investigation immediately. - Non-Bailable:
Murder is considered a non-bailable offense, meaning bail is not granted unless exceptional circumstances are proven in court. - Trial by Sessions Court:
A case of murder is not handled by lower courts but is tried in a Court of Session due to the serious nature of the crime. - Severe Legal Consequences:
The section ensures that anyone involved in committing a murder, whether individually or in a group, faces the maximum legal consequences. - No Compoundability:
The offense is non-compoundable, meaning it cannot be settled out of court through mutual agreement between the parties involved.
Simple Examples of BNS Section 103
Example 1:
A plans and stabs B with the intent to kill. B dies as a result of the injury. Under BNS Section 103(1), A can be sentenced to death or life imprisonment, along with a fine for committing murder.
Example 2:
A group of five people, including C, attacks D and kills him because of his caste. All five members of the group, including C, can be sentenced to death or life imprisonment under BNS Section 103(2).
BNS Section 103 Punishment
Imprisonment:
The offender can face either life imprisonment or the death penalty depending on the nature and circumstances of the murder.
Fine:
In addition to imprisonment, the guilty person may also be required to pay a fine, which serves as an additional penalty.
BNS 103 bailable or not ?
BNS Section 103 is non-bailable, meaning a person accused of murder cannot easily obtain bail. Only under exceptional legal circumstances can bail be granted.
Comparison: BNS Section 103 vs IPC Section 302
| Section | Description | Bailable/Non-Bailable | Punishment | By What Court Triable | Special Provision |
|---|---|---|---|---|---|
| BNS Section 103(1) | Murder – Individual: When a person intentionally causes the death of another. | Non-bailable | Death penalty or life imprisonment, and fine. | Court of Session | Covers individual intentional murders. |
| BNS Section 103(2) | Murder – Group: When 5 or more persons commit murder, often with discriminatory motives (caste, race, religion, sex, etc.). | Non-bailable | Death penalty or life imprisonment, and fine. | Court of Session | Group liability clause: Every member equally punished, even if not delivering the fatal blow. |
| IPC Section 302 (Old) | Defines murder: Intentional killing or causing fatal injury with knowledge of death. | Non-bailable | Death penalty or life imprisonment, and fine. | Court of Session | No explicit provision for discriminatory group murders (gap covered in BNS 103(2)). |
BNS Section 103 FAQs
What is BNS Section 103 about?
BNS Section 103 outlines the punishment for murder, which includes the death penalty or life imprisonment, along with a fine. It also covers group murders based on discriminatory factors.
Can someone get bail under BNS Section 103?
No, the offense of murder under this section is non-bailable, making it very difficult to obtain bail.
What happens if five or more people commit murder together?
If a group of five or more people commit murder based on race, caste, religion, or other discriminatory factors, each group member faces the same punishment—death or life imprisonment and a fine.
Is murder under BNS 103 a cognizable offense?
Yes, it is a cognizable offense, meaning police can arrest the accused without needing a warrant.
Who tries cases under BNS 103?
Cases of murder under BNS Section 103 are tried in a Court of Session, which handles serious criminal matters.
Is murder a compoundable offense under BNS 103?
No, it is non-compoundable, meaning the offense cannot be settled out of court between the parties involved.
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Conclusion
BNS Section 103 represents one of the strongest provisions of the Bharatiya Nyaya Sanhita, ensuring that the gravest crime of murder receives the harshest punishment. While carrying forward the principle of IPC Section 302, it goes further by addressing group murders committed with discriminatory intent, reflecting the need to curb mob violence and hate crimes in modern society.
By prescribing death or life imprisonment for both individual and group murders, the law emphasizes that human life must be protected at all costs. The inclusion of discriminatory grounds under Section 103(2) ensures that offenders acting as part of a mob cannot hide behind group action or reduced liability. In short, this section not only modernizes the old law but also strengthens India’s fight against violent and discriminatory killings.
Finished with BNS 103 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- Section 104 BNS : Punishment for murder by life-convict .
- https://marriagesolution.in/bns_section/section-104-bns/
- 105 BNS : Punishment for culpable homicide not amounting to murder .
- https://marriagesolution.in/bns_section/105-bns/
- BNS 106 : Causing death by negligence .
- https://marriagesolution.in/bns_section/bns-106/
- Section 107 BNS : Abetment of suicide of child or person with mental illness .
- https://marriagesolution.in/bns_section/section-107-bns/
- 108 BNS : Abetment of suicide
- https://marriagesolution.in/bns_section/108-bns/
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