Section 302 of the Indian Penal Code, 1860 prescribed punishment for murder and has been replaced by Section 103 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The base punishment for murder remains identical — death or life imprisonment plus fine. However, BNS 103(2) introduces a new aggravated category for mob lynching, where a group of five or more persons commits murder on grounds of race, caste, community, sex, place of birth, language, or personal belief.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 302 | 103 |
| Title | Punishment for murder | Punishment for murder |
| Change type | Expanded — new sub-section (2) added for mob lynching |
Full statutory text
Section 302 IPC (repealed w.e.f. 1 July 2024)
Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
Section 103 BNS
(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.
Text in bold represents the new addition in the BNS with no equivalent in the IPC.
Key differences
Sub-section (1) is identical: The punishment for murder under BNS 103(1) reproduces the text of Section 302 IPC word-for-word. Death or life imprisonment, plus fine, remains the prescribed sentence.
New aggravated offence for mob lynching: BNS 103(2) is an entirely new provision. It criminalises murder committed by a group of five or more persons acting in concert on grounds of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground.
Collective liability: Under sub-section (2), each member of the group is individually liable for punishment, regardless of who struck the fatal blow. This codifies collective criminal liability for mob violence.
Sentencing floor: While sub-section (1) permits the court to choose between death and life imprisonment, sub-section (2) similarly prescribes death or life imprisonment — but the specific targeting of identity-based group violence signals legislative intent that courts treat mob lynching as among the gravest categories of murder.
No new defences or exceptions: The definition of murder under Section 101 BNS (corresponding to Section 300 IPC) remains substantively unchanged. The exceptions to murder (grave and sudden provocation, right of private defence, public servant acting in good faith, sudden fight, consent) continue to apply.
What this means for practitioners
For drafting and citations: In all FIRs, charge sheets, and court filings relating to offences committed on or after 1 July 2024, practitioners must cite Section 103 BNS instead of Section 302 IPC. Where the alleged murder involves a group of five or more persons and is motivated by identity-based grounds, the charge sheet should specifically invoke Section 103(2) BNS.
For pending cases: Offences committed before 1 July 2024 continue to be governed by Section 302 IPC. The transitional provision under Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) preserves the applicability of the old law for pre-commencement offences. Investigations initiated under IPC Section 302 before the cutoff date proceed under the old framework.
For new cases: Prosecutors dealing with mob violence incidents after 1 July 2024 now have a specific statutory provision in Section 103(2) BNS. Previously, mob lynching cases were prosecuted under Section 302 read with Section 149 (unlawful assembly) or Section 34 (common intention) of the IPC, requiring the prosecution to establish either common intention or common object. Section 103(2) simplifies this by creating a standalone offence where five or more persons act in concert to commit murder on identity-based grounds.
Does old case law still apply?
The landmark jurisprudence developed under Section 302 IPC remains fully applicable to Section 103(1) BNS, as the provision is textually identical.
Bachan Singh v. State of Punjab (1980) 2 SCC 684 — The five-judge Constitution Bench upheld the constitutionality of the death penalty and established the "rarest of rare" doctrine. The Court held that life imprisonment is the rule and death sentence the exception, to be imposed only when the alternative is unquestionably foreclosed. This framework continues to govern sentencing under BNS 103(1).
Machhi Singh v. State of Punjab (1983) 3 SCC 470 — The Court refined the "rarest of rare" doctrine by laying down a five-category test: manner of commission, motive, socially abhorrent nature, magnitude of crime, and personality of victim. These parameters remain the guiding framework for death penalty jurisprudence under the BNS.
For Section 103(2) BNS specifically, there is no pre-existing case law since this is a new provision. Courts are likely to draw upon the Supreme Court's observations in Tehseen S. Poonawalla v. Union of India (2018) 9 SCC 501, where the Court issued preventive and remedial measures against mob lynching, as interpretive guidance for the new provision.
Frequently asked questions
What is the BNS equivalent of Section 302 IPC? Section 103 of the Bharatiya Nyaya Sanhita, 2023 is the direct equivalent of Section 302 IPC. Sub-section (1) reproduces the identical punishment provision. Sub-section (2) adds a new aggravated offence for mob lynching.
Does old case law on Section 302 IPC still apply under BNS 103? Yes. Since BNS 103(1) is textually identical to IPC 302, all Supreme Court precedent — including the "rarest of rare" doctrine from Bachan Singh (1980) and sentencing guidelines from Machhi Singh (1983) — continues to apply without modification.
Which section applies to murder cases before 1 July 2024? Section 302 IPC applies to all murder offences committed before 1 July 2024, regardless of when the trial takes place. Section 103 BNS applies only to offences committed on or after 1 July 2024.
What is the punishment for mob lynching under the new law? Under Section 103(2) BNS, when a group of five or more persons acting in concert commits murder on grounds of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground, each member of the group faces death or life imprisonment, plus fine. This is the first time Indian criminal law provides a specific statutory provision for mob lynching.