103 BNS / 302 IPC. 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. This section provides punishment for murder. Clause (1) of the section 103 BNS is same as of section 302 IPC providing same punishment for the offence of murder. Clause (2) is newly added and it was not in original section 302 IPC. Life imprisonment is the rule and death penalty is an exception in an offence of murder. Section 354 (b) of the Criminal Procedure Code, 1973 requires that special reasons should be recorded while awarding death penalty.
BACHAN SINGH V. STATE OF PUNJAB, 1980 CR. L.J. 636 (S.C.).
The sentence of death should be awarded in rarest of rare cases i.e., life imprisonment should be rule and death sentence exception. Clause (2) of above section aims to prescribe punishment when offence of murder is committed by a group of five or more persons. For the application of clause (2) following conditions must be satisfied.
1. Murder is committed by a group of five or more persons.
2. Group of five or more persons was acting in concert.
3. Group commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground.
If above conditions are satisfied, each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.
104 BNS / 303 IPC. PUNISHMENT FOR MURDER BY LIFE CONVICT.
Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
Above section is equivalent to section 303 of IPC and it was declared unconstitutional by the Hon’ble Supreme Court in the case of Mithu v. State of Punjab.
MITHU V. STATE OF PUNJAB, 1983 CRI. L.J. 811 (S.C.) (F.B.)
In above case, the legality of Section 303 IPC was examined by the Full Bench of the Supreme Court. The majority opinion was that this section violates the guarantee of equality contained in Article 14 and also the right contained in Article 21 of the Constitution. The majority view was that it mainly violates Art. 21 of the Constitution.
BHAGWAN BUX SINGH AND ANOTHER V. STATE OF U.P., 1984 CRI. L.J. 928 (S.C).
It was held in above case that this section (303 IPC) has been declared unconstitutional because it is violative of Art. 14 and 21 of the Constitution of India. Now it is no longer available for conviction of any offender. A conviction under this section will be altered to one under Section 302. But for awarding death sentence under Section 302 it must be established that the case is rarest of rare cases. If the case cannot be termed as rarest of rare cases, the sentence would be converted into sentence for life.
Section 104 BNS has removed the ground on which section 303 IPC was declared unconstitutional. It provides discretion to the court to award suitable punishment as per circumstances of the case. The court can prescribe either of the punishments i.e. death or imprisonment for life.
S. 105 BNS – S. 304 IPC - PUNISHMENT FOR CULPABLE HOMICIDE NOT AMOUNTING TO MURDER.
Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, and with fine if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
This section of BNS is equivalent to section 304 IPC and provides punishment for two separate degrees- of culpable homicide depending upon the intention to cause death or bodily injury likely to cause death under para 1 and knowledge that the act is likely to cause death under para 2.
There is only one difference in language of S. 105 BNS and S. 304 IPC that, in case of punishment under para 2, fine shall be prescribed with imprisonment. Earlier in case of S. 304 IPC, it was not mandatory to award wine, it was under discretion of the court.
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine,
if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death;
or with imprisonment of either description for a term which may extend to ten years, and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.