BNS 103 explains punishment for murder in India. Section 103 (Murder) of BNS (Bharatiya Nyaya Sanhita, 2023) which is erstwhile IPC 302 requires proper explanation to understand the section.
Section 103 (Murder) of BNS (Bharatiya Nyaya Sanhita, 2023)- Punishment for Murder
- Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
- 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 ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine.
Section 103 BNS is a Non-Bailable & Cognizable offence
The aim of 302 and 103 IPC in many ways remains the same. Both are bailable and cognizable offence. This is important because Police can arrest without warrant and is triable by a court of sessions.
Legal procedures followed under 103 BNS
Filing a complaint for registration of an FIR . The FIR contains a report of the victim and also any witness who has seen the crime taking place and people who are suspects to have committed the crime .
Police Investigation is an important aspect as they go and visit the place of crime and collect as much information and data as may be available and talk to persons who might have some knowledge about the crime and is willing to depose in court.
charge sheet is the final report of investigation which will show that there is evidence enough to prosecute the suspect.
Role of Magistrate’s court
The Magistrate then admits the case and goes through the chargesheet .
Procedure for Commitment.
The magistrate then sends the matter to the Sessions court for hearing of the case and trial as this involves a serious crime of murder.
Initiation of proceedings in Sessions Court Court
Framing of charges by the Sessions Judge is an important aspect as the case will be decided on the evidence at hand .
Stage of Plea
It is upto the accused to plead guilty or not . If the accused pleads guilty then the trial begins. If the accused pleads guilty then the Court will pronounce its sentence accordingly.
Hearing of the Case
The hearing of the case begins.
Prosecution Case. The the Opening Remarks of the Public Prosecutor and starts informing the court about the accusations against the accused.
Witnesses are interrogated by the defense counsel
Cross examination of the prosecution by the defense counsel takes place and documents and other things will be shown during the proceedings.
Then comes the defense arguments and its statements in defense
The defense will present its witnesses who will be cross examined
Statement of Accused
The accused will be allowed to rebut any evidence that could have an impact on the entire case.
Final Argument
The final argument is when both the prosecution and defense will present in court their arguments which will include all the examinations of witnesses and documents that have been proved for or against the accused.
Judgment
The Judge finally pronounces judgment which may include his own understanding of the case and final decision is always of the Judge and a declaration is made . Separate dates are given for hearing and deciding the sentencing and penalties. While orders for imprisonment is made the judges also order sentences which can be anywhere from capital punishment to life imprisonment in jail and also including fines in many cases.
Conclusion for BNS 103 explains punishment for murder in India
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