The Bharatiya Nyaya Sanhita (BNS) 2023 marks a landmark overhaul in India's criminal law system replacing the Indian Penal Code (IPC) of 1860. One of the most crucial sections under this new law is Section 103 BNS which deals specifically with the punishment for murder. Often referred to as the murder section in BNS, this provision is essential to understanding how India defines and punishes the most serious form of homicide.

Section 103 BNS 2023 retains the foundational framework of Section 302 IPC but adds a significant dimension to it by introducing group-based liability in murder cases, especially those arising from discrimination based on caste, religion, gender, and other social markers. Explore other important Judiciary Notes.

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Section 103 BNS

Punishment for Murder

• Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
• When a group of five or more persons acting in concert commits murder on the ground of race, caste, 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 103 BNS criminalizes murder and mandates the strictest forms of punishment under Indian criminal law. The law prescribes death penalty or life imprisonment along with a fine for any person found guilty of murder.

Moreover the section introduces a provision where if five or more persons commit murder based on discriminatory grounds, each person is equally liable. This aims to combat lynching, mob violence, and hate crimes. The section’s scope is broader than the IPC counterpart, making BNS 103 more socially responsive.

Section 103 BNS : Essential Elements

To convict a person under Section 103 BNS, the prosecution must prove the following ingredients of Section 103 BNS:

• Guilty Intent (Mens Rea): Clear intention to kill or knowledge that the act will likely cause death.
• Execution (Actus Reus): The act of causing death through any means (weapon, poison, assault).
• Causation: Direct link between the accused's actions and the victim's death.
• No Justification: The act must not fall within exceptions like self-defence or accident.

In case of group murder, the group must share a common motive arising from identity-based hatred or discrimination.

The nature and scope of Section 103 BNS define the severity of this law:

• Cognizable Offence: Police can arrest without a warrant.
   
• Section 103 BNS bailable or not? It is non-bailable, meaning bail is granted only at the court’s discretion.
   
• Non-compoundable: The offence cannot be settled or withdrawn by the parties.
   
• Section 103 BNS triable by which court? It is triable by a Court of Session, the highest trial court at the district level.

Comparison with Section 302 IPC 

Before BNS, similar conduct was covered under Section 302 of Indian Penal Code (IPC). The transition to Section 103 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 103 BNS : Judicial Interpretation

The Indian judiciary consistently holds that intention to cause death is the key to proving murder. Courts often use circumstantial evidence, injury reports, and witness accounts to evaluate intention and act. The recognition of mob murders under Section 103 BNS shows the court’s evolving role in addressing modern forms of violence.

Courts also consider the societal context of the crime. If the murder is motivated by caste or communal hatred, courts apply stricter scrutiny and recommend harsher sentences.

Section 103 BNS : Landmark Cases

Landmark cases relating to the section are as under -

• Virsa Singh v. State of Punjab (1958) – Laid down that if the injury is sufficient in the ordinary course of nature to cause death, murder is established.
• State of Maharashtra v. Kashirao (2003) – The court upheld life imprisonment for a brutal attack with full intent to kill.
• State of M.P. v. Kanha (2021) – Reiterated the need for harsher sentences for repeated and group offenders.
• Mohd. Chaman v. State (2000) – The Supreme Court emphasized that cruel and brutal murders attract the rarest of rare doctrine for the death penalty.
• Tehseen S. Poonawalla v. Union of India (2018) – The Supreme Court urged the legislature to draft special laws against mob lynching, a concept now integrated into Section 103 BNS.

Section 103 BNS : Impact

Section 103 BNS marks a significant evolution in the way Indian criminal law treats murder. By including group murders based on discriminatory motives, it acknowledges the socio-political realities of India. It aligns with the spirit of the Constitution by ensuring equal protection and strict punishment for identity-based crimes.

The clarity in section 103 BNS punishment—especially the provision for capital punishment in extreme cases—acts as a strong deterrent. It also empowers courts to interpret murder in a more socially responsible framework.

Conclusion

Section 103 BNS reinforces India’s stand against the gravest of crimes—murder. It builds on the legacy of Section 302 IPC but goes a step further by incorporating modern threats like communal lynching and hate-driven killings. As a key murder section in BNS, it addresses not just individual crimes but collective societal threats.

From an academic, legal, and civil rights perspective, BNS 103 is a progressive provision that bridges legal rigor with constitutional morality. It stands as a strong legal pillar in India’s pursuit of justice and social harmony.