Under BNS 2023, a murder committed by a group of five or more persons acting in concert, targeting the victim because of his caste or community, is punishable under:
- A Section 103(1), with imprisonment for life or death and fine
- B Section 103(2), with imprisonment for life or death, together with fine ✓
- C Section 104, with imprisonment for life only
- D Section 105, with rigorous imprisonment of ten years to life
Correct answer: B. Section 103(2), with imprisonment for life or death, together with fine
Explanation
BNS Section 103(2) creates a distinct offence of murder committed by five or more persons acting in concert on grounds of race, caste, community, sex, place of birth, language, personal belief or any similar ground, popularly described as mob lynching. Its punishment is imprisonment for life or the death penalty, plus fine. Section 103(1) is the general murder provision without the group and discriminatory-ground elements, while Sections 104 and 105 deal with punishment for culpable homicide, not this offence.
Reference: Ratanlal and Dhirajlal's The Bharatiya Nyaya Sanhita, 2024 ed.
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