Section 103 of the Bharatiya Nyaya Sanhita, 2023 addresses “Punishment for murder”. Read the provision below with its qualifications, exceptions and chapter context; the official source is linked alongside it.
This section sets the punishment for murder. Read it with section 101, which defines murder and sets out exceptions. Section 103(2) separately addresses murder committed by five or more people acting together on specified identity-related grounds.
A hypothetical killing cannot be classified under section 103 merely because a person died. The facts must first satisfy the applicable definition of murder, including consideration of exceptions.
Keep the definition (section 101), punishment (section 103), and culpable homicide not amounting to murder (section 105) separate in your analysis. Apply the statutory exceptions before choosing a punishment provision.
Source-grounded draft checked against the cited editions on 27 September 2026. Independent legal review pending. This explanation is not the statutory wording.
| Provision | Situation | Punishment summary |
|---|---|---|
| 103(1) | Murder | Death or imprisonment for life; also liable to fine. |
| 103(2) | Qualifying group murder | Death or imprisonment for life for each member; also liable to fine. |
| Provision | Situation | Cognizability | Bailability | Trial court |
|---|---|---|---|---|
| 103(1) | Murder | Cognizable | Non-bailable | Court of Session |
| 103(2) | Qualifying group murder | Cognizable | Non-bailable | Court of Session |
Classification is based on the cited central schedule, not a case-specific bail assessment. Applicable amendments and special provisions must also be checked. “Non-bailable” does not mean bail is impossible. Understand these terms →
Sources: BNS statutory text below · Official BNSS PDF, page 163 · Saved copy
No. The Act distinguishes murder, culpable homicide not amounting to murder and other offences. Read sections 100, 101 and 105 together.
No. It means release is not available as of right merely under the rules for bailable offences. The applicable bail provisions and case circumstances must be considered.
103. 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 similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. ¶