Punishment for Murder
Section 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.
Overview
Section 103 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaces Section 302 of the Indian Penal Code, 1860 with effect from July 1, 2024, when the BNS came into force.
The key addition in sub-section (2) is the specific provision for mob lynching and hate-motivated group murders, making it explicit that every member of such a group is liable for the most severe punishment.
What Changed from IPC Section 302?
| Aspect | IPC Section 302 | BNS Section 103 |
|---|---|---|
| Basic punishment | Death or life imprisonment + fine | Death or life imprisonment + fine (same) |
| Group/mob murder | Not specifically addressed | Sub-section (2) specifically covers 5+ person group murders based on identity |
| Effective from | 1860 | July 1, 2024 |
Definition of Murder
The definition of murder continues to be governed by Section 101 of the BNS (corresponding to Section 300 of the IPC).