(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.
Simplified Explanation
Section 103 of the Bharatiya Nyaya Sanhita (Indian Penal Code), also referred to as the Indian Penal Code (IPC), deals with the punishment for murder. Murder is one of the most serious offenses in criminal law, and this section specifies the legal consequence for the crime of murder.
Text of Section 103
The section states:
“Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.”
Explanation
Section 103 outlines the punishment for murder in India, highlighting the two possible legal consequences for the crime:
- Death Sentence: The court may impose the death penalty (capital punishment) on a person convicted of murder. This is the most severe punishment available under the Indian Penal Code.
- Life Imprisonment: If the court does not impose the death sentence, it can impose life imprisonment. Life imprisonment typically means the person will be in prison for the rest of their life, though it may be subject to parole after a certain number of years depending on the circumstances and judicial discretion.
- Liability to Fine: In addition to imprisonment or death, the convicted individual is also liable to pay a fine. The amount of the fine is determined by the court based on the circumstances of the case.
Punishment for Murder Under IPC
- Murder is defined in Section 300 of the IPC and is characterized by intentional killing or causing harm to a person that is likely to cause death. Murder typically involves a clear intent to kill and can be aggravated by factors such as cruelty, premeditation, or a violent manner of execution.
- Section 103 of the IPC reinforces that murder is punishable by either the death penalty or life imprisonment. In practice, the death penalty is rarely imposed and is typically reserved for extreme cases, such as where the crime is particularly heinous or involves multiple victims or cruelty.
Key Points
- Death or Life Imprisonment: The law recognizes that murder is a grave offense, and the punishment reflects its severity. It allows for a range of sentences, with the death penalty being the maximum.
- Role of the Court: The court has the discretion to decide between the death penalty and life imprisonment, often considering factors like the nature of the crime, the accused’s intent, the level of cruelty involved, and any mitigating circumstances (e.g., age, mental health, provocation).
- Fines: In addition to the primary punishment (death or life imprisonment), the court may impose a financial penalty. This fine serves as an additional deterrent and may go toward the victim’s family or as compensation for the harm caused.
Example
- A person who plans and carries out a murder (for example, by premeditatedly killing another person with a weapon) would be convicted under this section and could face either the death penalty or life imprisonment as punishment. The court would also decide if the convicted individual should pay any fine.
In short, Section 103 ensures that the punishment for murder is severe, reflecting the seriousness of taking another person’s life. The section provides the courts with the option of imposing either the death penalty or life imprisonment, with an additional possibility of imposing a fine.
