BNS 103

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Introduction of BNS 103

BNS 103 deals with punishment for murder. It outlines the severe legal consequences for committing murder, including the possibility of the death penalty or life imprisonment. The section also specifies harsher penalties when the crime is committed by a group of five or more people acting with discriminatory intent based on race, caste, gender, or similar grounds.

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The Bharatiya Nyaya Sanhita (BNS) Section 103 replaces the old Indian Penal Code (IPC) Section 302.

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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.

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BNS Section 103(1) in Simple Points

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

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Section 103(2) BNS Overview

1. 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.
2. 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.
3. 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.
4. Cognizable Offense:
   Like individual murder, group murder is also a cognizable offense, allowing the police to arrest the group members without needing a warrant.
5. 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.

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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

1. 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.
2. 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.
3. Fine:
   In addition to imprisonment, the guilty person may also be required to pay a fine as part of their punishment.
4. 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.
5. 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.
6. Cognizable Offense:
   Since murder is a cognizable offense, the police have the authority to arrest suspects without a warrant and begin an investigation immediately.
7. Non-Bailable:
   Murder is considered a non-bailable offense, meaning bail is not granted unless exceptional circumstances are proven in court.
8. 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.
9. Severe Legal Consequences:
   The section ensures that anyone involved in committing a murder, whether individually or in a group, faces the maximum legal consequences.
10. 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).

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BNS 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.

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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.

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Bharatiya Nyaya Sanhita Section 103

BNS Section	Description	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Punishment	Trial By
103(1)	Murder – When an individual intentionally causes death.	Cognizable	Non-Bailable	Non-Compoundable	Death or life imprisonment, and fine	Court of Session
103(2)	Murder by a group of five or more people, often motivated by discrimination (e.g., caste, race).	Cognizable	Non-Bailable	Non-Compoundable	Death or life imprisonment, and fine	Court of Session

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BNS Section 103 FAQs

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