Section 103 BNS: Punishment for murder

Bharatiya Nyaya Sanhita, 2023

Section 103 BNS at a Glance

Section 103 BNS deals with punishment for murder. It is non-bailable and cognizable; it replaced Section 302 IPC on 1 July 2024.

Punishment

Death, or imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 302 →

Section 103 BNS Bare Act 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.

Source: Section 103, Bharatiya Nyaya Sanhita, 2023

Section 103 BNS in the IPC (Previous Law)

Section 103 BNS replaced Section 302 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 103 BNS

Is Section 103 BNS bailable?▼

No. It is a non-bailable offence because it is among the most serious crimes in Indian law. Bail is considered only in exceptional circumstances and depends on the facts of the case.

Can a person get life imprisonment instead of death under Section 103 BNS?▼

Yes. The court can award either death penalty or life imprisonment, depending on the facts and circumstances. Death penalty is reserved for the rarest cases, while life imprisonment is more common.

Does Section 103 BNS apply to every death caused by a person?▼

No. The prosecution must prove that the act amounts to murder under Section 101 BNS. Accidental deaths, acts without the required intention, or cases falling under exceptions to murder may not attract Section 103 BNS.

What happens after an FIR under Section 103 BNS?▼

Police investigate the death, collect medical and forensic evidence, record witness statements, and arrest the suspected accused if needed. The case is then sent to court for trial, where guilt must be proved beyond reasonable doubt.

What does Section 103(2) of the BNS cover?▼

Section 103(2) BNS covers a murder committed by a group of five or more persons acting in concert when the killing is on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground. It applies to each member of that group if those conditions are met.

What has to be proved for Section 103(2) BNS to apply?▼

It must be shown that murder was committed, that at least five persons were acting in concert, and that the act was done on one of the listed grounds such as race, caste or community, sex, place of birth, language, personal belief, or any other similar ground. If these elements are not made out, Section 103(2) BNS may not apply in that form.

What is the punishment under Section 103(2) of the Bharatiya Nyaya Sanhita?▼

Section 103(2) BNS states that each member of such a group shall be punished with death or with imprisonment for life, and shall also be liable to fine. The exact sentence in a case depends on what the court finds proved.

How is Section 103(2) BNS different from ordinary murder under Section 103(1)?▼

Section 103(1) BNS punishes murder generally. Section 103(2) BNS specifically applies where 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, making each member of the group punishable with death or imprisonment for life, and liable to fine.

Section 103 BNS: Sub-sections Explained

Section 103(1) BNS: Punishment for murder

▶

Bare Act Text

(1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

Explained in Simple Words

Section 103 of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for murder. It applies when a person has committed murder as defined under Section 101 BNS. In simple terms, if the act is found to be murder, this section gives the court the power to impose the legal punishment.

The punishment under this section is very serious. The court may award the death penalty or imprisonment for life, and the offender is also liable to a fine. Under sub-section (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 the group is punishable with death or imprisonment for life, and is also liable to a fine. The exact sentence depends on the facts of the case, the manner of the act, motive, prior conduct, and the court's assessment of aggravating and mitigating factors.

In practice, this section is used in cases involving intentional killing, planned attacks, group killings on the listed grounds, or acts done with such knowledge and intention that death is likely to result. It is one of the most serious provisions in Indian criminal law.

Key Ingredients

  • 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

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death, or imprisonment for life.

💰 Liable to fine in addition to the sentence of death or imprisonment for life.

Death, or imprisonment for life, and liable to fine.

Real-World Example

In Bhopal, Rajesh armed himself with a heavy iron rod, cornered his business rival Sunil in an alley, and struck him several blows on the head with the intention of causing his death. Sunil died immediately from extensive skull fractures. The act amounts to murder under Section 101 BNS, and Rajesh is punishable under Section 103(1) BNS with death or imprisonment for life, and is also liable to fine.

When This Does Not Apply

  • The act of the accused did not cause the death of any human being
  • The act was done without the intention of causing death, without the intention of causing such bodily injury as the offender knew to be likely to cause death, without the intention of causing bodily injury sufficient in the ordinary course of nature to cause death, and without 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, or the act was done with an excuse for incurring that risk
  • The act falls within one of the Exceptions to Section 101 BNS, reducing the offence from murder to culpable homicide not amounting to murder

Previous Law

IPC 302 → Section 103(1) BNS

Section 302 IPC is now Section 103(1) 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.

Section 103(2) BNS: Punishment for murder

▶

Bare Act Text

(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.

Explained in Simple Words

Section 103(2) of the Bharatiya Nyaya Sanhita (BNS) deals with murder committed by a group of five or more persons acting in concert on specific grounds. While Section 103(1) BNS sets out the general punishment for murder, this sub-section separately addresses group killings committed on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground.

The provision applies to each member of the group of five or more persons when they act in concert to commit murder on one of these grounds. Under this sub-section, each member of such a group shall be punished with death or with imprisonment for life, and shall also be liable to fine.

Two details in the enacted wording are important. First, the group must consist of at least five persons acting in concert, meaning they act together rather than merely being present in a crowd. Second, the phrase any other similar ground means the reason for the murder must be comparable to the listed grounds, not an unrelated private dispute.

Key Ingredients

  • A group of five or more persons was involved
  • They were acting in concert
  • The group committed murder
  • The murder was on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground
  • Each accused was a member of that group

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death or imprisonment for life for each member of the group.

💰 Fine may be imposed in addition to death or imprisonment for life.

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 the group is punishable with death or imprisonment for life, and is also liable to fine.

Real-World Example

In a village in Uttar Pradesh, six men gathered after hearing that Ramesh had married a woman from another caste. They went together to his house at night, dragged him outside, and beat him with rods and sticks while shouting that he had shamed their caste. Ramesh died on the spot. The attack was not by one person acting alone. It was by a group of five or more persons acting in concert, and the killing was clearly on the ground of caste. This fits Section 103(2) BNS.

When This Does Not Apply

  • A single person commits murder alone, without any group of five or more persons
  • Four persons acting together kill someone, since the section requires a group of five or more
  • Five or more persons kill someone for a private money dispute, without the murder being on one of the listed grounds
  • A crowd is present, but the persons are not acting in concert with each other
  • Death is caused by a rash or negligent act without murder, which may fall under Section 106 BNS

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·