Section 103 of Bharatiya Nyaya Sanhita (BNS): Punishment for murder

Section 103 of the BNS explains the serious punishments for murder, which are described in Section 101. The punishments can include the death penalty, life in prison and heavy fines. This section also talks about murders that are committed by groups of people with biased motives, such as hate or bias against a certain group of people. 

In these cases, the law imposes strict penalties not just on the individuals who directly commit the act but also on all members of the group involved in planning or carrying out the murder. This approach aims to hold everyone accountable and discourage such violent and dangerous actions in society.

Section 103 of BNS

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 BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY in Bharatiya Nyaya Sanhita.

• 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

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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.

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Definition of Section 103 of BNS

The death penalty or life imprisonment as well as fines are included under Section 103 of the BNS for murder. Along with harsh punishments for all those involved, it also covers murders committed by groups for discriminatory purposes.

Murder Committed by a Single Person:

1. Crime Defined :

It makes it clear that murder is a criminal act.

2. Punishment : 

Those guilty of murder may be facing harsh punishments, such as:

• Death Penalty: 

The death penalty is the worst punishment that involves a criminal’s death.

• Life Imprisonment: 

A punishment in which the offender remains in jail for the rest of their life is known as life imprisonment.

• Fine: 

Aside from imprisonment or death penalty the criminal may also have to pay fine, the exact amount of which is usually set by the court.

3. Example: 

Depending on the seriousness of the case, a person found guilty of intentional homicide could receive one of these penalties.

Murder Committed by Group:

1. Group Conduct :

• Five or More People: 

It specifies that the crime must involve at least five people acting together. It means that many people work together with a same goal for committing murders.

2. Discriminatory Motives or Reasons: 

The clause lists a number of categories that may act as triggers for this kind of violence, such as:

• Race: 

Targeting People based on their racial identity.

• Caste or Community: 

Dealing with discrimination caused by status in social or cultural groups.

• Sex: 

Gender based violence against persons.

• Place of Birth: 

Attacking someone on the basis of their origin or nationality.

• Language: 

Discrimination according to the language used.

• Personal Belief: 

This can refer to views based on religion, politics or other personal beliefs.

3. Punishment : 

Those guilty of murder in group will also be facing harsh punishments like people single people committing crime get, such as:

• Death Penalty
• Life Imprisonment
• Fine

4. Example: 

If a group of six people murders someone because of their caste, each member of the group will be held legally responsible for the murder just like if they had done it alone.

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Why did Section 103 included mob lynching?

In India, the increasing frequency of mob lynchings has led judges and activists to advocate for stringent legal safeguards. In a landmark verdict, Tehseen S. Poonawalla v. Union of India (2018) is notable in that the Supreme Court ordered the government to take measures to prevent hate crimes and mob lynchings.

Group killings are frequently more hazardous and damaging to social order than individual violent acts, as acknowledged by Section 103. The BNS addition of mob lynching guarantees that these crimes receive the serious punishment that they deserve. 

How Current Social Issues Are Reflected in Section 103

Resolving the issues of mob lynching, amongst others, is the number seven challenge tackled by section one hundred three. In the subcontinent of India mob lynching has been an alarming and persistent social menace where people are heinously targeted by their communities or mobs on account of their caste, religion or race. To prevent such aggressive conduct, section 103 provides for severe penalties for group attacks.

This legislation does not limit itself to only social justice challenges; section 103 lays down and indeed reinforces the policy of fighting group crime in India. The BNS, however, does include a provision for murder by a group, acknowledging the problem of mob culture that societal changes have brought, a concern that the IPC explicitly did not address.

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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

1. 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.

2. 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. 

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Important Differences of Section 302 IPC and Section BNS Regarding Group 

1. Murder

Section 103 of the BNS expands the scope of the meaning of murder to cater for killings committed by a group which is not well detailed under section 302 of the IPC.

2. Punishment for Murder

The penal code provides punishment by death penalty, imprisonment or fine for both individual and mass homicides.

3. Discriminating Factors 

In direct opposition to the IPC’s individual stance, the BNS provides certain discriminating grounds—race, caste, religion and gender—that increase the severity of murder when perpetrated by groups.

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What Doesn’t Change Between BNS and IPC?

Even with the improvements, a lot of important elements stay the same. The BNS maintains the death penalty and life in prison as the most severe penalties for murder, showing the ongoing gravity of the offence. The fundamental conditions for proving murder continue to be the same, including showing knowledge and purpose. 

Punishment under Section 103 BNS for Murder

Murder is a crime described in section 101 of BNS and section 103 BNS discusses the punishment for murder. Thus, section 103 BNS discusses the legal clause that sets the punishment for this horrible offence.

1. Capital Punishment (Death Sentence)

The death sentence is permitted by law in situations where the murder was extremely brutal or when the victim was weak, such as a child or an old person. This is usually saved for the very rarest of circumstances in which life in jail is thought to be insufficient to carry out justice.

2. Life imprisonment

The most common sentence for murder is life in prison, which assures that the offender will stay in jail for the rest of their natural life (although release may be granted in certain circumstances). This punishment is typically chosen by courts when the crime does not meet the requirements for the death penalty.

3. Imposition of fine

In addition to imprisonment, the court may impose fines on the offender, particularly in cases where the victim’s family requires compensation or where the state incurs substantial costs​.

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Bharatiya Nyaya Sanhita Section 103

Section	103
Offence	Murder or Murder by group of five or more persons.
Punishment	Death or imprisonment for life and fine
Cognisable or Non-cognisable	Cognisable
Bailable or Non-bailable	Non-bailable
By What Court Triable	Triable by Court of Session

The procedures involved in an Indian trial for murder

In the Indian system of justice, a murder trial comprises various stages, the most important being the lodgement of the First Information Report FIR and the last being the delivery of the verdict. The stage can be elucidated as follows:

1. Filing of FIR 

• Beginning

In the course of proceeding, the first step taken is to go to the police station where the aggrieved party or any one who is aware of the offence commits a First Information Report (FIR) to the police.

• Contents

The first information report is about the victim, any people who witnessed the events and people suspected of committing the crime.

2. Investigation

• Police Investigation 

In solving the case, the police go into great detail following the visiting of the crime scene, collecting evidence, meeting witnesses and getting to know the people believed to be involved in the crime.

• Charge Sheet 

After the investigation is completed, the police prepare a charge sheet which is submitted to the courts whenever there is sufficient evidence to prosecute the suspect.

3. Proceedings of the Magistrate

• Acknowledgment of Offense

The magistrate admits the crime and examines the charge sheet.

• Commitment Procedures 

The magistrate recommends the matter to the court of session for hearing for cases involving serious crimes like murder.

4. Court Session

• Charges and Proceedings

The charges against the accused are framed by the Sessions Judge using the evidence listed in the charge sheet.

• Plea 

The accused is asked if they will admit to the crime or not. The judge can find someone guilty without a trial if they admit their guilt. On the other hand, there will be a trial if they deny the allegation.

5. Hearing

Case of the Prosecution

• Opening Remarks 

The Public Prosecutor’s Office, first makes an opening statement and starts informing about the accusation against the defendant. 

• Interrogation of Witnesses 

The witnesses brought in by the prosecution are cross examined and examined by the defense.

• Evidence Show 

Evidence in the form of documents and objects will also be included in the proceedings within the courtroom.

Defence Argument

• Proof from the Defence 

The defense makes its presentation and produces witnesses who are cross-examined by the prosecution as well.

• Statements of the Accused 

The defendant is allowed to deal with any evidence presented against him or her that may raise any concerns.

Arguments

Both the defense and prosecution present their concluding submissions and reiterate their position.

6. Judgment

• Deliberation 

The judge’s logical deduction is as per the arguments and facts addressed in the court.

• Declaration 

The decision is made by a judge. If guilt is proven, the person will be fixed when the sentence is made.

7. Penalties

• Hearing 

A different hearing is required to decide the type of punishment that will be given out based on the seriousness of the offense as well as other elements such as things that result from the crime or things that influence it negatively or positively.

• Sentencing

In addition to imprisonment, judges have the authority to set sentences that range from capital punishment to life imprisonment in jail; fines may also be levied in certain situations.

8. Appeal 

• Right to Appeal 

There is an ability for people to appeal against the decision made, or the matter at hand, and bring it before a higher court.

• Appeal Court

The appellate court reviews the case based on the record of the lower court and hears appeals of the parties, rendering a decision either affirming or changing the decision of the lower court.

9. Execution of Sentence 

• Execution 

In certain instances after cases have been decided, the death sentences may be put into effect. In India, there is a provision that enables the people to appeal to the President for clemency in death sentence cases.

Main Advantages of Section 103 

1. More Effective Discouragement Against Collective Offenses 

Mobbing has been made punishable with death without further ado, sending a strong message against vigilante justice. Section 103 makes sure that every member of a mob, regardless of their position, is held accountable for their actions so that no one can hide behind a group.

2. Focus on Discrimination 

In section 103, factors such as caste, ethnicity, religion, and gender are incorporated as examples of such discrimination which affirms the seriousness of bias – motivated actions. It seeks to provide justice to the victims of such crime and seeks to highlight the role of society’s prejudices in crime. 

3. Straightforward Guidelines for Law Enforcement 

Law enforcement organizations are among the major effects of Section 103. The police and the courts have more powerful legal tools to successfully prosecute mob violence and group murders now that there are clearer rules in place for handling these crimes. The law gives law enforcement the ability to aggressively combat hate crimes and makes it clear that acts of group violence will not be tolerated.

Case Studies on Section 103 of BNS

1. Union of India versus. Tehseen S. Poonawalla (2018)

The problem of mob lynchings in India was greatly raised by this event. The overall tendency of mob violence was on the rise, and therefore, the Supreme Court directed all the federal and state authorities to mitigate this violence. This ruling proposed the formulation of statutes to deal with such mass violence while underscoring the governments’ duty to enforce peace.

Effect on BNS: In accordance with the Supreme Court’s recommendations in this particular instance, Section 103 of the BNS has measures regarding mob lynching. The order issued by the court paved the way for the addition of group-based murder clauses that punish entire mobs as well as individuals. 

2. Union of India v. Shakti Vahini (2018)

The case in question revolved around cases of honor killings and violence committed by specific families or communities towards individuals for reasons such as caste or other societal norms. In making this ruling, the Supreme Court recognized the need for additional protective legal measures for groups that may become victims of violence carried out under the pretext or cause of ‘family honour’.”

Effect on BNS: The phrase group-oriented killings of a particular kind of society, such as caste, used in Section 103 demonstrates the legal principle that collective forms of violence, especially where such violence is fueled by social bias, attract greater penalties. This case bears out the necessity of legislating to change the course of such crimes. 

3. State of Chhattisgarh v. Nandini Sundar (2011)

This particular occurrence heightened the understanding of the Salwa Judum movement and the repression orchestrated by the state in the context of tribal hostilities. The court made significant findings on the state’s duty to combat and control organized violence.

Effect on BNS: Even if the controversy was about violence supported by the government, the provisions of Section 103 on mob lynching show that there is an emphasis on violence by groups and that there is a need for legal institutions to solve such problems in these instances.

Examples Based on Section 103 of BNS

Example 1: Individual Murder

Scenario: A person named Rahul commits murder by stabbing another individual during a heated argument.

Application: Under Section 103 of the BNS, Rahul could face punishment ranging from life imprisonment to the death penalty, along with potential fines, depending on the circumstances and severity of the crime.

Example 2: Group Murder Based on Caste

Scenario: A group of six individuals conspire to kill a person from a different caste, driven by discriminatory motives. They carry out the attack together.

Application: The group consists of six people and charges against them will be laid out in the language of Section 103 as the group has acted together on the basis of similar caste prejudices and the punishment will be death or life imprisonment with fines.

Example 3: Hate Crime Murder

Scenario: A hate crime is perpetrated by seven individuals against one member of the religious community by targeting and killing them.

Application: Every participant in the group would be responsible under Section 103, subjected to extreme punitive measures such as life in prison or capital punishment considering their actions were motivated by hatred towards a particular community.

Example 4: Murder of a Vulnerable Individual

Scenario: A man kills an elderly woman during a heist.

Application: The imposition of the death penalty or the life imprisonment sentence as provided for in Section 103 is warranted by the nature of the crime, that is sufficient to call for such a punishment.

Example 5: Pre-meditated Group Murder

Scenario: A group of five people plans and executes a murder for political reasons, targeting a rival political leader.

Application: Under Section 103, all members of this group would face similar punishments, including life imprisonment or the death penalty, due to the discriminatory motive behind their actions.

Criticism  and Discussions Regarding Section 103

1. Inaccuracies on Discriminatory Bases

Although Section 103 has received acclaim for preventing mob violence, its unclear language about discriminatory causes has also prompted criticism. Arguments about how broadly language like “personal belief” and “other similar grounds” these phrases have triggered the capacity to become admissible in court. Detractors maintain that these ambiguities may result in law enforcement reaching divergent assessments or erroneous interpretations of reality.

2. Concerns Regarding Wide Definition

There are legal professionals who think that vague definitions of phrases like “personal belief” could lead to legal misapplication. For instance, cases may be filed under general headings, which could cause misunderstandings in the courtroom and with regard to enforcement. Religious motives are a well-known contributing component in numerous mob lynching.

3. The Argument Against the Death Penalty

Capital punishment incites a lot of sentiments in connection to Section 103. All types of murder, including those perpetrated by syndicates, are placed within the ambit of this provisions allowing the imposition of the death sentence. Although the validity of this punishment is still a matter of contention in many parts of the world, it is already practiced in India for extreme offenses like assassination.

4. Arguments in Support of the Death Penalty

The death penalty’s proponents contend that it is an effective deterrence to violent offenses. They think that, particularly in cases of mob lynching and other forms of group-based violence, the harshness of the penalty serves as a deterrent to future offenders. Additionally, supporters contend that the harshest punishment is the only way to bring justice to the victims and their families.​ 

5. Reasons Against the Death Penalty

For centuries now, individuals and groups who support human rights including Amnesty International have always been against capital punishment. The claim that there is nothing more that can be done, and therefore the death sentence cannot be executed is argued. Opponents of the death penalty also argue, however, that it cannot effectively reduce crime since people commit violent crimes like extortion and even join mobs when threatened with brutal punitive measures. These critics point out the risk of those people misbelieving certain ideas, in particular large-scale populations.

6. Section 103 of BNS Future

Be that as it may, Section 103 of BNS represents an apparatus turnaround as far as state’s approach to its citizens and subjects’ targeting encompasses individual or collective killings. Nevertheless, as with all other legal prescriptions, it is deployed and interpreted by the courts, which eclipses its intended purpose. The active discourse on capital punishment will most probably influence how the public views this law while court rulings will in the end explain the application of vague phrases such as „personal belief”.

Conclusion

Section 103 of the Bharatiya Nyaya Sanhita imposes excessive punishment for murder with special regard to extreme punishments such as capital punishment and imprisonment for life. 

The BNS seeks to prevent violence and restore law and order by punishing persons and groups involved in the violence especially if the motive is race based. This section however seeks to protect the vulnerable but it also stresses that no justice can be achieved without a system of justice that upholds the right of the accused.

Frequently Asked Questions on Section 103 of BNS

Q1. What is Section 103 of the Bharatiya Nyaya Sanhita?

Ans1. Section 103 states the Punishments for Murder, including the death penalty, life imprisonment and fines, applicable to both individual perpetrators and groups involved in discriminatory killings.

Q2. What are the penalties for murder under Section 103?

Ans2. The penalties include the death penalty, life imprisonment and fines, depending on the brutality and circumstances of the crime.

Q3. How does the BNS ensure fair trial rights for the accused?

Ans3. The BNS provides a structured legal process that includes investigations, charges, hearings and opportunities for the accused to present their defence, ensuring that justice is administered fairly.

Q4. What happens if five or more people murder someone because they are discriminated against?

Ans4. A person who commits murder with the intent to kill another person because of their race, caste, community, sex, place of birth, language, personal belief or any other similar reason faces the death penalty or life in prison, in addition to a fine.

Q5. How is mob lynching addressed by Section 103?

Ans5. Mob lynching is defined by Section 103 as the act of five or more people coming together to murder someone on the basis of their race, caste, community, sex, place of birth, language or personal belief. Every member of the group faces the same penalties as a lone murderer.

Q6. What are the main distinctions between the IPC and Section 103 of the BNS?

Ans6. The inclusion of mob lynching under BNS is one significant distinction. While the IPC lacked specific penalties for mob violence, Section 103 addresses group killings motivated by hatred.

Q7. Does Section 103 of the BNS require fines?

Ans7. Yes, Section 103 states that in addition to the primary penalty of death or life imprisonment, those found guilty of murder, whether acting alone or in group with others, may also be required to pay fines.

Q8. What body of case law justifies the inclusion of mob lynching in Section 103?

Ans8. The Tehseen Poonawalla case had an impact on Section 103 addition of mob lynching. BNS now reflects the Supreme Court’s request for tougher legislation to stop mob violence.

Q9. Does Section 103 of the BNS apply to past events?

Ans9. No, the BNS does not apply Section 103 historically. Crimes committed prior to the BNS’s passage shall be tried under the Indian Penal Code (IPC) or any applicable state legislation.