Bharatiya Nyaya Sanhita, 2023
BNS Section 103
Punishment for murder
In one line
BNS Section 103 deals with punishment for murder and replaces IPC 302 (now 103(1)); 103(2) is a new provision with no IPC equivalent.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 103(1) | Murder. | Death or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 103(2) | Murder by group of five or more persons. | Death or with imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 103
103. Punishment for murder.
(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.
What changed from the IPC
- IPC 302 → BNS 103(1): No Change, except IPC section is included as subsection in BNS.
Frequently asked
What was BNS Section 103 in the IPC?
BNS Section 103 (Punishment for murder) replaces Section 302 of the Indian Penal Code, 1860. IPC 302 is now BNS 103(1).
What is the punishment under BNS 103(1)?
Murder – punishable with death or imprisonment for life, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 103(2)?
Murder by group of five or more persons – punishable with death or with imprisonment for life, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 103 bailable?
Non-bailable: BNS 103(1), 103(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 98 — Selling child for purposes of prostitution, etc
- BNS 99 — Buying child for purposes of prostitution, etc
- BNS 100 — Culpable homicide
- BNS 101 — Murder
- BNS 102 — Culpable homicide by causing death of person other than person whose death was intended
- BNS 104 — Punishment for murder by life-convict
- BNS 105 — Punishment for culpable homicide not amounting to murder
- BNS 106 — Causing death by negligence
- BNS 107 — Abetment of suicide of child or person of unsound mind
- BNS 108 — Abetment of suicide