Section 302 IPC, Now BNS Section 103: Murder Punishment, Bail and Defence

The homicide offences moved from Sections 299 to 304A IPC into Sections 100 to 106 BNS from 1 July 2024. Old FIRs continue under the IPC number, so people still search 302, while a fresh murder FIR is now registered under Section 103 BNS.

Section 103 BNS also adds a specific provision for murder by a group of five or more on grounds such as caste, community, or language, carrying death or life imprisonment. The whole defence often rests on moving a case from Section 103 (murder) to Section 105 (culpable homicide not amounting to murder), which is why the related attempt-to-murder analysis under Section 307 matters here too.

Murder carries the most severe sentence in the criminal law, and its classification reflects that gravity.

Because the offence is non-bailable and non-compoundable, it cannot be settled between parties, and bail is granted only by the Sessions Court or High Court after weighing the evidence. Where a co-accused faces a weaker case, or where the role attributed is minor, a carefully argued bail application can still succeed. For the meaning of terms used here, see our legal glossary.

Not every killing is murder. The law separates murder (Section 302 IPC, now 103 BNS) from culpable homicide not amounting to murder (Section 304 IPC, now 105 BNS), and the difference decides whether the sentence is death or life, or a term of years.

• Grave and sudden provocation: A killing on grave and sudden provocation, where the accused was deprived of self-control, may fall under culpable homicide, not murder.
• Sudden fight: A death in a sudden fight, in the heat of passion, without premeditation and without the offender taking undue advantage, reduces the offence.
• Right of private defence: A death caused in the lawful exercise of the right of private defence may not be an offence at all.
• Intention and knowledge: The presence or absence of intention to cause death, and the nature of the injury, are examined closely.

These exceptions, set out in the definition of murder, are the backbone of most murder defences. Establishing a sudden fight or grave provocation can move a case out of Section 103 entirely. The medical evidence, the number and nature of injuries, and the sequence of events all feed this analysis.

A murder case is decided on the record, so preparation from day one matters.

1. Engage counsel immediately. Do not let the accused be questioned or produced without legal representation.
2. Obtain the FIR, post-mortem, and inquest. The medical and forensic record is the spine of the case.
3. Press for bail through the Sessions Court or High Court, especially for a co-accused with a limited role or on grounds of parity.
4. Build the culpable-homicide argument where the facts support grave provocation, a sudden fight, or private defence.
5. Examine delay, motive, and eyewitness reliability, which are frequently the weak points of the prosecution case.

Serious sessions trials demand a court-ready, local approach, and our page for a criminal lawyer in Lucknow explains how we prepare murder defences for the Lucknow courts. To discuss a specific case, reach our office through the contact page.

Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on serious criminal defence, murder and culpable-homicide trials, bail, and appeals across Lucknow and the wider Awadh region. He regularly defends clients charged under Section 302 IPC and Section 103 BNS, argues for the lesser offence of culpable homicide where the facts allow, and secures bail on grounds of parity and limited role.

Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss a murder or culpable-homicide case, please use the contact page.