Punishment for murder
What this section does
Prescribes punishment for murder. Sub-section (1) covers ordinary murder; sub-section (2) creates an aggravated category for mob/group murders (five or more persons acting in concert) motivated by identity-based grounds such as race, caste, community, sex, place of birth, language, or personal belief.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Death or imprisonment for life, and fine (s.103(1)). For group/mob murder on identity grounds: death or imprisonment for life, and fine, for each member of the group (s.103(2)).
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Commission of murder as defined in s.101
- For sub-section (2): the murder was committed by a group of five or more persons acting in concert, and was motivated by race, caste, community, sex, place of birth, language, personal belief, or any other similar ground
Practitioner note
Sub-section (2) is a new provision with no direct IPC equivalent; it targets lynching and hate-motivated mob killings. Every member of the group is equally liable regardless of individual role.
- IPC Section 302 — Punishment for murder
Read the official text
For the binding statutory text of BNS Section 103, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 103 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.