Punishment for murder

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

⇄

This provision is now IPC Section 302 (Punishment for murder) under the Indian Penal Code, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 103 of the Bharatiya Nyaya Sanhita is the direct replacement for IPC Section 302, applying to murders committed on or after 1 July 2024, when the BNS came into force. The substantive definition of murder — and its punishment of death or life imprisonment along with a fine — remains unchanged from the earlier Code; only the section number and surrounding statute have changed.

This renumbering reflects the broader restructuring carried out by the BNS, which reorganised and consolidated many IPC provisions while largely preserving their underlying legal principles built up over more than 160 years of judicial interpretation. Case law developed under the old Section 302 — such as the tests for distinguishing murder from culpable homicide not amounting to murder — continues to guide courts applying this section.

FIRs and cases registered before 1 July 2024 continue to be tried under the IPC, not the BNS.

Punishment Death, or imprisonment for life, and fine

Triable By Court of Session

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is BNS Section 103 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Death, or imprisonment for life, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Has anything substantively changed from IPC Section 302?

No — the definition of murder and its punishment remain the same. The change is limited to the section number and the statute it now sits under, as part of the BNS’s broader renumbering of the criminal code.

Does this section apply to offences committed before 1 July 2024?

No — offences committed before that date continue to be investigated and tried under the corresponding IPC section (302), since criminal laws generally apply as they stood at the time the offence was committed.

Why was the numbering changed if the offence stayed the same?

The BNS restructured and renumbered the entire criminal code as part of a broader legislative overhaul, consolidating and reordering provisions, even where the underlying offence and punishment were retained without change.

Facing a case under this section?

Get a free case assessment from a verified criminal lawyer.

Talk to a Criminal Lawyer

This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.