Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting the Human Body · Of offences affecting life
Section 103: Punishment for murder
In plain words
Murder is punishable with death or imprisonment for life, and a fine.
- If a group of five or more persons acting together commits murder because of race, caste, community, sex, place of birth, language, personal belief or a similar ground, each member faces death or imprisonment for life, and a fine. This covers mob lynching.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 103 prescribes the punishment for murder (defined in section 101). Sub-section (1) carries forward section 302 of the IPC: death or imprisonment for life, and fine. Sub-section (2) is new: it targets group killings motivated by identity, often called mob lynching.
Sub-section (1): the ordinary rule
Death or life imprisonment, with fine. As under the IPC, life imprisonment is the normal sentence, and death is reserved for the rarest of rare cases, after weighing aggravating and mitigating circumstances, including the offender's background and possibility of reform.
Sub-section (2): group murder on identity grounds
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 similar ground, each member is punishable with death or life imprisonment, and fine. The prosecution must prove the group, the concert, the murder, and the identity based ground.
Meaning of life imprisonment
Life imprisonment means the rest of the convict's natural life, subject to remission by the government or the President and Governors. Courts may also impose a special sentence of life without remission in cases just short of rarest of rare.
Key Supreme Court rulings
Bachan Singh v. State of Punjab (1980) 2 SCC 684
Decided under section 302 of the IPC. The death penalty is to be imposed only in the rarest of rare cases, after weighing aggravating and mitigating circumstances.
Manoj v. State of Madhya Pradesh 2022 INSC 606
Trial courts must give an effective sentencing hearing and collect mitigation material, including psychological evaluation and jail conduct, before imposing death.
Union of India v. V. Sriharan 2015 INSC 886
Life imprisonment means the rest of the convict's life; the special category of sentence beyond remission is valid; constitutional remission powers remain available.
Common mistakes
- Applying sub-section (2) without proof that the murder was on an identity based ground.
- Treating death as the default sentence.
Read with: Section 101 BNS, Section 105 BNS, Section 302 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 103
-
Rajendra Singh and Ors. v. State of Uttaranchal Etc.
Issue arose as regards the correctness of the order passed by the High Court convicting the appellants u/s.302 IPC; and whether the appellants are the real persons who chased the deceased and killed him.