IPC Section 302 = BNS Section 103(1)

Punishment for Murder

हत्या के लिए दण्ड

Offences Against the Body No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 302 of the Indian Penal Code (IPC) dealt with the punishment for murder — one of the most serious offences under criminal law. Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. Under the Bharatiya Nyaya Sanhita (BNS) 2023, this provision is now covered under Section 103(1). The substantive punishment remains unchanged.
Hindi भारतीय दण्ड संहिता (IPC) की धारा 302 हत्या के दण्ड से संबंधित थी — जो आपराधिक कानून के तहत सबसे गंभीर अपराधों में से एक है। जो कोई हत्या करेगा उसे मृत्यु दण्ड या आजीवन कारावास और जुर्माने से दण्डित किया जाएगा। भारतीय न्याय संहिता (BNS) 2023 के तहत, यह प्रावधान अब धारा 103(1) में शामिल है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 302 Section 103(1)
Title Punishment for Murder Punishment for Murder
Punishment Death or imprisonment for life, and fine Death or imprisonment for life, and fine
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Court of Session

Key Changes

  • Section number changed from IPC 302 to BNS 103(1)
  • BNS 103(2) introduces a new sub-section for murder by a group of five or more persons on grounds of race, caste, community, sex, place of birth, language, or personal belief — punishable with death or life imprisonment (minimum 7 years) and fine
  • Punishment for basic murder offence remains the same

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused caused the death of a person
  2. 2 The act was done with the intention of causing death
  3. 3 Or with the intention of causing such bodily injury as is likely to cause death
  4. 4 Or with the knowledge that the act is so imminently dangerous that it must in all probability cause death

Frequently Asked Questions

What is the BNS equivalent of IPC Section 302?

IPC Section 302 (Punishment for Murder) is now BNS Section 103(1) under the Bharatiya Nyaya Sanhita 2023. The provision came into effect on July 1, 2024.

Has the punishment for murder changed under BNS?

The basic punishment remains the same — death or imprisonment for life and fine. However, BNS 103(2) adds a new aggravated form for mob lynching based on race, caste, community, sex, place of birth, language, or personal belief.

Is murder bailable under BNS?

No. Murder under BNS Section 103 remains a non-bailable, cognizable, and non-compoundable offence triable by the Court of Session.

What is the new mob lynching provision in BNS?

BNS Section 103(2) specifically criminalizes murder committed by a group of five or more persons on grounds of race, caste, community, sex, place of birth, language, or personal belief. The minimum sentence is 7 years, extendable to life imprisonment or death.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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