Section 302 IPC in BNS: Section 103 Murder, Punishment, Bail

Section 302 IPC is now Section 103 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. Section 103(1) keeps the old punishment for murder: death or imprisonment for life, and fine. Section 103(2) is new and deals with murder by a group of five or more people on grounds such as caste, race or religion-based belief, commonly called mob lynching.

What Section 103 BNS says

Section 103 is a punishment section. It does not itself define murder. The definition sits in Section 101 BNS (old Section 300 IPC), which in turn builds on culpable homicide in Section 100 BNS (old Section 299). So when a charge sheet says “Section 103 BNS”, the court first checks whether the act is culpable homicide under Section 100, then whether it rises to murder under Section 101, and only then applies the punishment in Section 103.

Section 103(1): ordinary murder

Whoever commits murder is liable to death or imprisonment for life, and must also pay a fine. This is the same as Section 302 IPC. Life imprisonment is the minimum. The court cannot give a fixed term like ten years for murder.

Section 103(2): group murder on identity grounds

This sub-section applies 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 the group is liable to death, or life imprisonment, or imprisonment for not less than seven years, and fine.

Two features matter. First, liability is placed on each member of the group, so the prosecution does not have to prove which member struck the fatal blow. Second, the lowest option is a minimum of seven years, which gives the court a wider range than Section 103(1).

What changed from Section 302 IPC

• Number change: Section 302 became Section 103(1). The punishment is unchanged.
• New offence: Section 103(2) has no direct counterpart in the IPC. Under the old law, mob killings were prosecuted under Section 302 read with Section 149 (unlawful assembly) or Section 34 (common intention).
• Murder by a life convict: Old Section 303 IPC (mandatory death) was struck down long ago. Section 104 BNS now provides death or life imprisonment that means the remainder of the convict’s natural life.

Offences committed before 1 July 2024 are still charged and tried under Section 302 IPC. The BNS applies only to offences committed on or after that date.

Important case law

• Bachan Singh v. State of Punjab (1980) 2 SCC 684: A Constitution Bench upheld the death penalty for murder but held that life imprisonment is the rule and death the exception, to be imposed only in the “rarest of rare” cases.
• Machhi Singh v. State of Punjab (1983) 3 SCC 470: Laid down categories (manner of the crime, motive, anti-social nature, magnitude, personality of the victim) to help courts apply the rarest of rare test, and asked courts to draw a balance sheet of aggravating and mitigating circumstances.
• Mithu v. State of Punjab (1983) 2 SCC 277: Struck down mandatory death under Section 303 IPC as unconstitutional. This is why Section 104 BNS gives the court a choice.
• Tehseen S. Poonawalla v. Union of India (2018) 9 SCC 501: The Supreme Court issued preventive, remedial and punitive directions against mob lynching and recommended that Parliament create a separate offence. Section 103(2) is widely seen as the legislative response.

Common confusions

Is Section 101 or Section 103 the murder section?

Both, for different purposes. Section 101 defines murder. Section 103 punishes it. Charges are normally framed under Section 103 BNS.

Murder or culpable homicide not amounting to murder?

If the case falls in one of the five exceptions to Section 101 (for example grave and sudden provocation, or a sudden fight without premeditation), it is not murder. It is then punishable under Section 105 BNS (old Section 304), which carries a lighter punishment.

Does 103(2) apply to every group attack?

No. It needs at least five persons, acting in concert, and a killing on one of the listed grounds or a similar ground. A group murder for money or personal enmity is usually charged under Section 103(1) with Section 3(5) (common intention) or Section 190 (common object).

For the general public: what to do

• Reporting: Murder is cognizable. Inform the police immediately on 112 or at the nearest police station. Police must register an FIR. Under the BNSS, information can also be given electronically, and a Zero FIR can be lodged at any police station regardless of where the crime happened.
• If police refuse: Send the complaint in writing to the Superintendent of Police, or apply to the Judicial Magistrate under Section 175(3) BNSS for a direction to investigate.
• Bail for the accused: Since the offence is non-bailable and triable by a Court of Session, bail is discretionary. Regular bail is usually sought before the Sessions Court and then the High Court. Anticipatory bail may be sought under Section 482 BNSS.
• Documents to keep: Copy of the FIR, post-mortem report, inquest report, medical records, photographs and names of witnesses.

Exam angle

• Remember the chain: Section 100 (culpable homicide), Section 101 (murder), Section 103 (punishment), Section 105 (punishment for culpable homicide not amounting to murder).
• Section 103(2) is the favourite “new offence” question: five or more persons, acting in concert, listed grounds, minimum seven years.
• Minimum punishment for murder under Section 103(1) is life imprisonment, and fine is mandatory.
• Bachan Singh (rarest of rare) and Machhi Singh (balance sheet) remain the leading sentencing cases under the BNS.
• Section 104 BNS is the new home of murder by a life convict, with “remainder of natural life” wording.

Frequently asked questions

What is the new section for 302 IPC?

Section 302 IPC is now Section 103 of the Bharatiya Nyaya Sanhita, 2023. The punishment remains death or life imprisonment, with fine.

Is Section 103 BNS bailable?

No. It is cognizable and non-bailable, and it is tried by a Court of Session. Bail depends on the court’s discretion.

Which section of BNS deals with mob lynching?

Section 103(2) BNS deals with murder by five or more persons acting in concert on grounds such as race, caste, community, sex, place of birth, language or personal belief.

Can a murder case be settled by compromise?

No. Murder is not compoundable, so a compromise between families does not end the case.

Does Section 302 IPC still apply anywhere?

Yes. For murders committed before 1 July 2024, cases continue under Section 302 IPC.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023: Sections 100, 101, 103, 104 and 105 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023: First Schedule
• Bachan Singh v. State of Punjab (1980) 2 SCC 684
• Tehseen S. Poonawalla v. Union of India (2018) 9 SCC 501

This page is for education and general information, not legal advice for a specific case.