IPC 302 to BNS 103: Punishment for murder
Section 302 IPC (1860) replaced by Section 103 BNS (2023)
IPC 302 to BNS 103 at a Glance
Section 302 IPC (Punishment for murder) is now Section 103 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 302 to BNS 103?
Section 302 IPC is now Section 103 BNS. Sub-section 1 of Section 103 BNS retains the punishment for murder of death or imprisonment for life, and liability to fine, identical to Section 302 IPC. Sub-section 2 of Section 103 BNS is new and has no counterpart in the IPC, prescribing death or imprisonment for life, and liability to fine, for each member of a group of five or more persons acting in concert who commit murder on grounds such as race, caste or community, sex, place of birth, language, personal belief or any other similar ground.
IPC 302 vs BNS 103: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 302 | 103 |
| Offence | Punishment for murder | Same |
| Punishment | Death, or imprisonment for life. | Same |
| Fine | Liable to fine in addition to the sentence of death or imprisonment for life. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 302 and BNS 103: Bare Act Text Side by Side
Section 302, IPC 1860
Section 103, BNS 2023
Ingredients: IPC 302 vs BNS 103
- The accused caused the death of a human being by doing an act
- The act was done with the intention of causing death, or with the intention of causing such bodily injury as the offender knew to be likely to cause death, or with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death, or with the knowledge that the act was so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death, and was done without any excuse for incurring that risk
- The act does not fall within any of the Exceptions to Section 300 IPC
- Committing murder as defined under Section 101 BNS
- Under sub-section 2, committing murder as part of a group of five or more persons acting in concert on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground
What IPC 302 to BNS 103 Means for Pending Cases
FAQs: IPC 302 to BNS 103
What is the punishment for murder under Section 103 BNS compared to Section 302 IPC?▼
Sub-section 1 of Section 103 BNS retains the identical punishment of Section 302 IPC, namely death or imprisonment for life, and liability to fine. Sub-section 2 of Section 103 BNS introduces a distinct provision for mob murder by five or more persons on discriminatory grounds, which had no separate IPC counterpart.
What new provision was introduced in Section 103 BNS that was absent in Section 302 IPC?▼
Sub-section 2 of Section 103 BNS is entirely new, punishing each member of a group of five or more persons acting in concert who commit murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground with death or imprisonment for life, and liability to fine.
Does Section 302 IPC or Section 103 BNS apply to an act done before 1 July 2024?▼
Section 302 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 302 IPC. Section 103 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·