BNS § 103 · In force since 1 July 2024
Section 103 BNS — Punishment for murder
The old IPC 302. The punishment for murder is unchanged — death or imprisonment for life, and fine. Sub-section (2) is new: murder by a group of five or more acting on grounds such as race, caste, community or language.
In short
- Replaces
- IPC 302 — sub-section (2) has no IPC counterpart
- Punishment
- Death or imprisonment for life, and fine
- Bail
- Non-bailable · cognizable · Court of Session
- Which law applies
- Offence before 1 July 2024 → IPC 302. On or after → BNS 103.
The text
(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.
Section 103 only sets the punishment. Murder itself is defined in s. 101 (was IPC 300): four clauses, (a) to (d), and five exceptions that reduce it to culpable homicide.
Source: Official BNS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
What changed from the IPC
The punishment did not move. What is new is the group-murder clause. The comparison below summarises the former IPC provisions; it is not a verbatim reproduction.
IPC 302
Death or imprisonment for life, and fine.
BNS 103(1)Same punishment
Death or imprisonment for life, and fine. Renumbered only.
No IPC counterpart
The IPC had no separate clause for a killing by a group on these grounds; such cases went under 302 with common intention (s. 34) or unlawful assembly (s. 149).
BNS 103(2)New
Five or more persons acting in concert, on grounds of race, caste or community, sex, place of birth, language, personal belief or a similar ground: each member faces death or life imprisonment, and fine.
Bail, cognizance and court
| Section | Offence | Punishment | Cognizable | Bail | Tried by |
|---|---|---|---|---|---|
| 103(1) | Murder | Death or imprisonment for life, and fine | Yes | Non-bailable | Court of Session |
| 103(2) | Murder by a group of five or more persons | Death or imprisonment for life, and fine | Yes | Non-bailable | Court of Session |
BNSS, First Schedule. Not compoundable — s. 103 is in neither table under BNSS s. 359.
Which law applies
Which section do I charge?
IPC 302
Offence committed on or before 30 June 2024. FIR may be later.
BNS 103
Offence committed on or after 1 July 2024.
The date of the offence decides it — not the date of the FIR or charge-sheet (BNS s. 358; Article 20(1) of the Constitution). Sub-section (2) creates a new offence, so it cannot reach a killing before 1 July 2024.
Charged together with 103
Questions advocates ask
Is IPC 302 bailable?
No. Murder under IPC 302, and now BNS 103, is cognizable and non-bailable, and only a Court of Session tries it. A Magistrate may not release a person where there are reasonable grounds to believe they are guilty of an offence punishable with death or life imprisonment (BNSS s. 480(1)(i), subject to its provisos), so bail is sought from the Sessions Court or the High Court under s. 483.
What is the difference between BNS 101 and BNS 103?
Section 101 defines murder and lists the five exceptions that reduce it to culpable homicide not amounting to murder (punished under s. 105). Section 103 sets the punishment. A charge cites 103; whether the act is murder at all is argued under 101.
Can 103(2) be charged for a killing in 2023?
No. It creates a new offence, and no one can be convicted under a law that did not exist when the act was done (Article 20(1)). A group killing before 1 July 2024 stays under IPC 302, usually with s. 34 or s. 149.