Why Does the Law Treat Murder as the Gravest Crime?
Murder strikes at the very core of human existence. The deliberate and unlawful taking of life not only harms the victim but also disturbs social order. For this reason, criminal law treats murder as one of the most serious offences and prescribes the harshest punishment.
Under the Indian Penal Code, murder was punished under Section 302. After the recent criminal law reforms, the same offence now finds place under Section 101 of the Bharatiya Nyaya Sanhita, 2023. Although the law has been restructured, the seriousness of the offence remains unchanged.
What Did Section 302 IPC Provide for Murder?
Section 302 IPC dealt exclusively with punishment for murder. It provided that any person who commits murder shall be punished with death or imprisonment for life and shall also be liable to fine. The definition of murder itself appeared under Section 300 IPC, while Section 302 operated as the penal consequence.
For decades, courts applied this provision to cases involving intentional killing, guided by well-developed judicial principles. Section 302 IPC thus formed the backbone of murder jurisprudence in India.
How Did Courts Understand Murder Under IPC?
Courts focused heavily on the mental element of the accused. They examined whether the accused intended to cause death or intended to cause such bodily injury that would ordinarily result in death. In some cases, knowledge that the act was so dangerous that it would almost certainly cause death also sufficed.
Over time, courts drew a careful line between murder and culpable homicide. This distinction helped ensure that punishment remained proportionate to the degree of intent and brutality involved.
Why Was Section 101 BNS Introduced?
The Bharatiya Nyaya Sanhita was introduced to replace colonial-era criminal law with a clearer and more accessible framework. Section 101 BNS replaces Section 302 IPC while preserving the gravity of the offence.
The objective was not to soften punishment but to modernise drafting and improve clarity. Lawmakers ensured that serious crimes like murder continued to attract the highest level of penal consequences.
What Does Section 101 BNS Provide?
Section 101 BNS provides punishment for the offence of murder. It states that whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.
The substance of punishment remains identical to Section 302 IPC. However, the offence now exists within a reorganised legal structure that aligns with the broader reforms introduced by the BNS.
Has the Definition of Murder Changed Under BNS?
The essential ingredients of murder remain the same. Intention, knowledge, and causation continue to form the foundation of the offence. Although the numbering and placement of provisions have changed, the principles earlier contained in the IPC still guide interpretation.
Courts are expected to rely on existing judicial precedents while applying Section 101 BNS. As a result, continuity in legal reasoning remains intact.
What Punishment Can Courts Award Under Section 101 BNS?
Courts retain the discretion to award either life imprisonment or the death penalty depending on the facts of each case. Judges consider factors such as the nature of the act, the manner of commission, motive, and impact on society.
The “rarest of rare” doctrine, developed by the Supreme Court under IPC, continues to guide sentencing decisions under the BNS. This ensures that capital punishment remains an exception rather than the rule.
Does Section 101 BNS Apply to Old Cases?
Offences committed before the enforcement of the BNS will continue to be governed by the IPC. However, all murders committed after the new law came into force will be tried under Section 101 BNS.
This approach maintains legal certainty and avoids retrospective application of criminal law.
Why Is the Comparison Between Section 302 IPC and Section 101 BNS Important?
Understanding this comparison helps law students, lawyers, and citizens recognise that the reform of criminal law does not dilute accountability for serious offences. Murder continues to attract the strongest response from the justice system.
The comparison also reassures that core values of criminal law remain preserved despite legislative change.
Conclusion
Section 302 IPC governed punishment for murder for more than a century. Section 101 BNS now carries forward the same responsibility under a modern legal framework. While the structure and numbering have changed, the gravity of murder and the severity of punishment remain untouched. Section 101 BNS reinforces the enduring principle that intentional killing invites the highest level of criminal liability.
