The BNS’s Section 103 explains the punishments for murder. A person found guilty of murder faces life in prison or the death penalty as well as fine. Also, anyone who is part of a group of five or more people who commit murder together on the basis of a certain discrimination criteria like caste, sex or race, faces the same penalties, which include life in prison or death and fine.
Section 103 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the 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 ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine.
What is Chapter VI of Offence Affecting the Human Body?
Chapter VI deals with the offence affecting the human body under Bharatiya Nyaya Sanhita (BNS). Offences affecting the human body are covered from sections 100 to 146 of the BNS. This includes:
Culpable homicide, Inhumane violations, Hurt, Kidnapping and abduction, Wrongful restraint and wrongful confinement, Criminal force and assault, Slavery and forced labour and Sexual offences.
Key Points in BNS-103
Punishment for Murder:
Primary Penalties: Anyone convicted of murder can face the death penalty or life imprisonment.
- Additional Penalty: Convicted individuals are also subject to a fine.
Group Offenses:
Definition: When murder is committed by a group of five or more people acting together, and the motive is based on specific discriminatory grounds (e.g., race, caste, community, sex, place of birth, language, or personal belief).
Penalties for Group Members:
- Possible Sentences: Each member of the group can be sentenced to death, life imprisonment, or imprisonment for a term not less than seven years.
- Additional Penalty: Group members are also liable to a fine.
Difference between IPC and BNS regarding Punishment for Murder
| Indian Penal Code (IPC) | Bhartiya Nyaya Sanhita (BNS) |
| In IPC, Section 302 deals with Punishment for Murder. | In BNS, Section 103 deals with Punishment for Murder |
| It was assented on 6th October, 1860. | It received the assent of the President on the 25th December, 2023. |
| It came into effect on January 1, 1862. | It came into effect on July 1, 2024. |
| Statement:Whoever commits murder shall be punished with death or 1 [imprisonment for life] and shall also be liable to fine. | Statement:(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 |
Key Changes from IPC to BNS under Section 103
- Adding Mob Lynching Provision
The addition of mob lynching as a crime that is punishable by law to Section 103 of the BNS is among the most notable revisions. BNS recognizes group-based violence committed by five or more people, in contrast to IPC Section 302. It focuses on killings driven by prejudice, including those motivated by caste, colour, gender, language or religious beliefs.
The penal code of India does not expressly have any provision which has led to a widespread concern that there are no specific laws pertaining to mob lynching, a phenomenon that has been on the rise in India in recent years. Section 103 of the BNS addresses this issue by making every member of the mob culpable for their role in the commission of a group homicide. This represents a major departure from the IPC’s focus on individual liability to a more comprehensive treatment of crimes committed by individuals in groups.
- Stricter Punishment
Section 103 of BNS provides for further degrees of punishment in addition to death or life imprisonment which was the principal penalty under IPC Section 302 for homicide. Every individual involved in a mob lynching has equal responsibility and the dynamics of the group are recognized as a contributing factor.
Also, BNS includes fines in the penalty which is not typically the case with the IPC’s handling of murder cases. The purpose of penalties is to target both the individuals and groups accountable for these offenses, adding still another degree of deterrence.
