Section 302 of Indian Penal Code (IPC) – All About Murder and Punishment

Index
1. Section 302 IPC
2. Essentials of Murder
3. Murder Punishment
4. Murder vs. Culpable Homicide
5. Death Sentence
6. Life Imprisonment
7. Fine Under 302 IPC
8. Section 302 Applicability
9. 302 IPC Validity
10. 302 IPC Exceptions
11. Murder Trial Procedure
12. Landmark Case Laws
13. Conclusion
14. FAQs on Section 302 IPC

Under section 302 IPC, there is a provision in law. The concept of Section 302 IPC is about imposing penalties on murderers. Legal consulting should be used to deal with cases involving crime and penalty.

Details of Section 302 under IPC Chapter 16

Category	Details
IPC Chapter	16
Section	302
Punishment for	Murder
Description	Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
Classification under Schedule 1 CrPC	Offence
Offence	Murder
Punishment	Death or Imprisonment for Life + Fine
Cognisance	Cognisable
Bail	Non-Bailable
Triable By	Court of Session
Composition under Section 320 CrPC	The offence is NOT listed under Compoundable Offences

People Also Read: Section 307 IPC

What are the Essentials of Murder as per Section 300 and Section 302 IPC?

As per Sec 302 IPC, there is no clear mention of these three punishments concerning murder. In other words, the provision does not specify when any of the three punishments should be executed against a murderer.

The three primary requisites in terms of section 302 IPC are as follows:

• Killing someone should be meant as intended by any individual committing murder.
• The murder in question represents being perpetrated by any person intending to harm anybody, which can eventually lead to death.
• If one commits murder with the knowledge that it will bring about that death.

Hence, the essential elements for an act constituting murder would include all the stated above.

Punishment for Murder under Section 302 IPC

Murder is an offence described in section 300 of the Indian Penal Code. However, it talks about punishment for murder in section 302 (IPC). Thus, section 302 IPC talks about the legal provision that lays down punishment for this heinous crime.

• This section articulates that a person who murders another shall be punished by being executed or imprisoned for life and pay a fine as well. This section applies to everyone, irrespective of sex. It also extends to a village headman who, due to selfish reasons, kills someone. No one is exempt from the crime of murder, according to the IPC.
• Section 302 IPC stipulates in simple terms that “whoever commits murder.” Also, homicide is a non-bailable and non-compoundable offence. 
• There are two types of discipline in this Part: capital punishment and life imprisonment. 
• The offender will also be liable to pay a fine if any one of these punishments is imposed. 
• Further capital punishment, imprisonment and fines have also been stated under section 53 of the IPC concerning types of punishment.

Difference between Murder and Culpable Homicide not amounting to Murder

There are different legal definitions and implications attached to them, as it may be noted that the terms “murder” and “culpable homicide not amounting to murder” in the Indian Penal Code (IPC) have different meanings. The differences may be analysed as follows:

Murder (Section 300 IPC)

Definition:

• Murder is defined under Section 300 of the IPC.
• A crime can be labelled as homicide provided it happens intentionally to bring death, or when physical harm done by the offender is appreciated by him/her as likely to result in death or if it is also obvious that there exists an extremely dangerous act, which would probably lead to killing someone or inflicting a wound that may kill him/her the sooner.

Key Points:

• Intent: There is a clear intention to cause death.
• Knowledge: The offender has knowledge that their act is likely to result in death.
• Punishment: The punishment for murder is severe, including the death penalty or imprisonment for life, and may also include a fine.

Example:

• A person stabbing another with the intent to kill would typically be classified as murder.

Culpable Homicide Not Amounting to Murder (Section 299 IPC)

Definition:

• Culpable homicide is defined under Section 299 of the IPC.
• An act amounts to culpable homicide if it is carried out with the desire to kill or with the intent of causing such injury as is likely to result in death; or if the actor knows that his/her actions may result in someone’s death without any other special scenario that could categorise it as murder according to Section 300.

Key Points:

Intent and Knowledge: There is an intention or knowledge of the possibility of causing death similar to murder, but the circumstances differ from those of a murder.

Lack of Special Circumstances: There are mitigating factors or lack of aggravating circumstances that prevent the act from being classified as murder.

Punishment: Culpable homicide that is not equivalent to intentional murder has a lesser penalty than that of murder and imprisonment for life or not more than ten years can also have a fine attached to it.

Example:

If someone kills another person in a sudden quarrel, which was not premeditated nor intended despite having knowledge that his action may result to death; it’s possible for him to be charged with culpable homicide but does not equate to murder.

Key Differences

1. Intent and Circumstances:

• Murder: A clear intention to kill or awareness that the action is likely to result in death under certain circumstances.
• Culpable Homicide: Causing death without any intentions behind or knowledge of such actions, though not having those factors which raise the crime to murder level.

2. Severity of Punishment:

• Murder: Punishment of death or life imprisonment.
• Culpable Homicide: Depending on the circumstances, it can be punished by life imprisonment or imprisonment not exceeding ten years but lesser sentences may also be possible.

3. Legal Provisions:

• Murder: Stated under Section 300 IPC.
• Culpable Homicide: Stated under Section 299 IPC.

Aspect	Murder of Section 300 IPC	Culpable Homicide Not Amounting to Murder of Section 299 IPC
Definition	There is an act with the purpose of creating death or thereby producing bodily harm, which is understood that this will result in death or serious injury.	An act done with the intention of causing death, causing such bodily injury likely to cause death, or with the knowledge that act is likely to cause death, but without aggravating factors.
Intent	Clear intention to cause death.	Intention to cause death, but without the aggravating circumstances present in murder.
Knowledge	The knowledge that the act is likely to result in death under aggravating circumstances.	An awareness that the deed is probably going to result in demise, yet lacking in the factors which make it more severe than murder.
Circumstances	Aggravating circumstances such as premeditation, extreme cruelty	Mitigating factors
Punishment	Death penalty, or life imprisonment, and may also include a fine.	Life imprisonment, or imprisonment up to ten years and may also include a fine.
Severity	More severe due to the presence of aggravating circumstances.	Less severe, as it lacks the aggravating circumstances that elevate the act to murder.
Example	A person stabbing another with the intent to kill.	A person causing death in a sudden fight without premeditation but with the knowledge that their act is likely to cause death.
Legal Provision	Section 300 IPC	Section 299 IPC
Key Considerations for Court	The intention, the method, premeditation, and the circumstances of the act.	The intention or knowledge, the absence of premeditation, and mitigating circumstances.
Compoundability	Not compoundable under Section 320 CrPC	Not compoundable under Section 320 CrPC

What is a Death Sentence under Section 302 IPC?

Under Scarcity 302 IPC, it describes a death sentence as punishment for anyone convicted of killing somebody else. Thus, whenever someone kills another person in the Indian legal system, there is no other penalty than the death penalty, according to section 302 IPC.

What is Life Imprisonment under Section 302 IPC? 

Section 302 IPC talks about life imprisonment, which is given to the individual for committing an offence of murder. Life imprisonment is the punishment for anyone who commits murder under Section 302 IPC.

What is the Fine under Section 302 IPC?

The punishment for murder is discussed in section 302 of the Indian Penal Code (IPC). Under section 302 of the IPC, any person who commits murder must pay a fine to the state.

Applicability of Section 302 IPC 

In Section 304, there are three exceptions to Section 302 IPC to which Section 302 IPC does not apply.

• The presence of a murder committed by an individual does not justify the application of section 302.
• Also considered are other factors such as physical injury, intent, motive, death-injury, etc.

What is the Constitutional Validity of Section 302 IPC? 

The correct interpretation of the reasons why the death penalty under section 302 IPC is opposed to constitutional values consists of varied developments in the constitutional validity of section 302 IPC.

• The year was 1980, and in the case of Bachhan Singh v. State of Punjab, the judiciary was compelled to examine again the decision made in Jagmohan, which involved a challenge to the constitutionality of Section 302 IPC.
• In Jagmohan’s case, the constitutional validity of section 302 was challenged as it violates the rights given under Article 21, the right to life.
• Nevertheless, in either scenario, the court confirmed that Section 302 is constitutional and does not infringe any personal liberties. Instead, it focuses on the offence itself rather than its perpetrator, thus making it justifiable to impose punishment under Section 302 IPC to obtain retribution without breaching Article 21 of the Constitution.

Are there any exceptions under Section 302 IPC? 

There are two important exceptions under the section 302 IPC 

• Just as all laws provide an exception for minors, this is true here too; Section 82 IPC states that there cannot be any punishment on minorōs below the age of seven. However, according to the Juvenile Justice Act, the offence of murder committed by a juvenile will be examined and find out whether he/she has completed fifteen years of life or not.
• If a civil servant, whilst carrying out his duty to the state, commits murder as a result of pressure from someone. That won’t be viewed as a crime under section 302 IPC but would instead fall under other provisions and be handled by senior authorities.

The procedure of a Murder Trial in India

In India, several steps are involved in the trial for murder, starting from filing the First Information Report (FIR) and ending with the final verdict. Following is a summary of the procedure:

1. Filing of FIR

Initiation: The sequence kicks off with the complainant or anyone else who knows about the crime filing an FIR at a police station.

Contents: The FIR includes details of the crime, the victim, and any suspects or witnesses.

2. Investigation

Police Investigation: Law enforcement agencies carry out an extensive probe into the matter, including going to the crime site, gathering evidence, taking statements from onlookers, and apprehending those thought to have committed the crime.

Charge Sheet: The investigation has been finished, and if there is enough evidence against the accused, the police prepare to submit a charge sheet, which is then submitted to the Magistrate.

3. Magistrate’s Proceedings

Cognisance of Offence: The Magistrate takes cognisance of the offence and examines the charge sheet.

Committal Proceedings: In cases of serious crimes such as murder, the magistrate refers the case to the court of session for hearing.

4. Sessions Court Proceedings

Framing of Charges: The Sessions Judge frames the charges against the accused based on the evidence presented in the charge sheet.

Plea: The defendant is questioned to confess or deny the offence. In case of admission of guilt, the judge can convict without trial. Conversely, if they deny the charge, a trial will take place.

5. Trial

Prosecution Case:

• Opening Statement: An opening speech is made by the Public Prosecutor explaining the allegations against the defendant.
• Examination of Witnesses: The defence cross-examines and examines witnesses presented by the prosecution.
• Exhibition of Evidence: In court, documentary evidence and physical evidence will be introduced and displayed.

Defence Case:

• Defence Evidence: Defence demonstrates its rationale and provides witnesses who are also questioned by the prosecution.
• Statements of the Accused: In the evidence against them, the accused have a chance to clarify any situations that arise.

Arguments:

Final arguments are made by both the prose and defence, summarizing their cases.

6. Judgment

• Deliberation: The evidence and arguments put forth in the law court are the basis for the judge’s deliberation.
• Pronouncement: A judge gives the verdict. If guilt is proved, the person will be fixed when the sentence is made.

7. Sentencing

• Hearing: A separate hearing needs to be conducted to determine the kind of punishment that will be handed down depending on how serious an offence is and other factors like things that arise from the crime or those that have an effect upon it, whether favouring or disfavoring.
• Sentencing: The sentences imposed by the judge can vary from life imprisonment to death, and punishments in the form of fines might also apply sometimes.

8. Appeal

• Right to Appeal: Yet again, you can still appeal the case or the sentence before a higher court.
• Appellate Court: The proceedings of the trial court are recognized by the appellate court, which listens to arguments and can either affirm, overturn, or change what was decided by the lower court.

9. Execution of Sentence

• Implementation: Death sentence cases may be carried out after they have been finalised. In India, there is a provision for mercy petitions to the President about the death penalty cases.

Landmark Case Laws Related to Section 302 IPC

Here are some landmark case laws related to Section 302 of the Indian Penal Code (IPC), which deals with the punishment for murder:

1. Bachan Singh vs State of Punjab (1980)

• Citation: AIR 1980 SC 898
• Summary: The Supreme Court of India reached a new milestone in its history by deciding this particular case, which endorsed the constitutional validity of capital punishment. The court decided that death sentences may only be pronounced under “rarest of rare” circumstances when nothing else can be considered.

2. Macchi Singh vs State of Punjab (1983)

• Citation: 1983 AIR 957
• Summary: Bachan Singh’s ‘rarest of rare’ doctrine was more elaborately laid by the Supreme Court. Amongst other things, it provided factors like the motive for the crime, the nature of the murder committed, and its severity that need to be taken into account when deciding if a death penalty can be imposed or not.

3. Virsa Singh vs State of Punjab (1958)

• Citation: AIR 1958 SC 465
• Summary: In this case, they emphasised the principal components that are relevant to demonstrating the crime of homicide in accordance with Section 302. It was determined by the court that the intention to injure someone’s body must be demonstrated by the prosecution and this injury is enough to cause death under ordinary circumstances.

4. K.M. Nanavati vs State of Maharashtra (1962)

• Citation: AIR 1962 SC 605
• Summary: The situation was one of a crime that resulted from deep emotions leading it to investigate when blame-worthy killing can be said to be murder. Notably, this case scrutinised defences for provocation while drawing a line between murder and culpable homicide that does not reach murder status.

5. State of Andhra Pradesh vs R. Punnayya (1976)

• Citation: 1976 AIR 1207
• Summary: In the case of murder and culpable homicide not amounting to murder, Classification was done by the Supreme Court, which made the meaning of Sections 299 and 300 of the IPC clear.

6. Santosh Bariyar vs State of Maharashtra (2009)

• Citation: AIR 2009 SC 2705
• Summary: The principles from Bachan Singh related to the imposition of the death penalty were revisited in this case. Supreme Court emphasised the need for mitigating factors to be taken into account and also stressed the significance of the death sentence being the rarest among rare.

7. Rajiv Gandhi Assassination Case (2014)

• Citation: Supreme Court (Various Appeals)
• Summary: The Supreme Court has commuted the death sentences of several convicts to life imprisonment, affirming the need to consider delayed execution and the convicts’ mental state.

8. Mohd. Ajmal Amir Kasab vs State of Maharashtra (2012)

• Citation: (2012) 9 SCC 1
• Summary: This case involved the last remaining terrorist of the 26/11 attacks in Mumbai. Taking into account the vile character of the wickedness occasioned by this crime and the remarkable proof against him, the Supreme Court confirmed his sentence to death.

9. Dhananjoy Chatterjee vs State of West Bengal (1994)

• Citation: 1994 AIR 628
• Summary: In this instance, the apex court maintained a death sentence awarded to the accused for committing rape and murder of a minor girl child. The court had stressed how determent capital punishment can serve against such gruesome offences.

10. Mukesh & Anr. vs State for NCT of Delhi & Ors (2017)

• Citation:  AIR 2017 SC 2161
• Summary: Nirbhaya, the case known as Nirbhaya’n case was upheld by the Supreme Court for the death sentence against the accused persons who were involved in gang rape and murder of a young woman in Delhi. The court pointed out that this crime is too serious and too cruel.

Conclusion

In accordance with the provisions of Section 302 of the IPC, murder is regarded as a state crime, and an individual who commits it commits the worst possible crime. Therefore, Section 302 of the IPC provides very strong penalties against such offenders. In light of what we have stated earlier, various cases and provisions have evolved over time within this section. It is important to note that all issues relating to crime and criminal acts need legal consultation.

Frequently Asked Questions on Murder and Punishment Under Section 302 IPC

Q1. Is 302 bailable or non-bailable?

Ans1. Section 302 of the Indian Penal Code prohibits both bail and compounding of the offence. This implies that the parties to the case cannot resolve it out of court and that the accused cannot be readily freed on bail.

Q2. What is 302 and 307?

Ans2. Section 307 deals with attempts to commit murder where death may or may not have occurred. Section 302 deals with accomplished acts of murder where death has occurred.

Q3. What is charged under section 302?

Ans3. Murderers will either be executed or sentenced to imprisonment for life, in addition to a fine.

Q4. What is the maximum punishment for IPC 302?

Ans4. The penalty for murder is life in prison or the death penalty. There will also be a fine.

Q5. What is the meaning of the 302 case?

Ans5. Murder or Qatl-i-amd, is punishable under Section 302 of the Code and is further classified into three types.

Q6. How many years in jail for murder in India?

Ans6. Murderers will either be executed or imprisoned for life in addition to facing financial penalties.

Q7. What is the punishment for murder in 302?

Ans7. Section 302 of the Indian Penal Code specifies the punishment for murder. It mandates that anyone convicted of murder shall be sentenced to death or life imprisonment and may also be liable to pay a fine.

Q8. धारा 302 में क्या होता है?

Ans8. धारा 302 के तहत दूसरा प्रकार है ताज़ीर, यह मौत या कारावास है, यह शब्द एक इस्लामी कानूनी शब्द है जो न्यायाधीश या राज्य के विवेक पर दंडनीय अपराध को संदर्भित करता है। तीसरा कारावास की कोई भी सज़ा है।

Q9. Is bail possible in 302?

Ans9. Murder under IPC 302 is an offence for which bail is not required. For these kinds of offences, the judges’ discretion is paramount rather than their legal authority. Therefore, the court will determine the accused’s eligibility for bail based on the specifics of the offence, including its nature and circumstances.

Q10. धारा 302 149 आईपीसी के तहत आरोपित व्यक्ति को धारा 302 34 भारतीय दंड संहिता के तहत कब दोषी ठहराया जा सकता है?

Ans10. धारा 149 की सहायता से धारा 302 के तहत आरोप को धारा 34 के साथ धारा 302 के तहत आरोप में परिवर्तित किया जा सकता है , यदि पांच से कम संख्या में कई व्यक्तियों द्वारा सामान्य इरादे को आगे बढ़ाने के लिए किया गया आपराधिक कृत्य साबित हो जाता है ।

Q11. What is the case type of 302?

Ans11.The punishment for murder is outlined in IPC Section 302, which states that the offender faces either life in jail or execution as well as a fine.

Q12. What is the new section of 302?

Ans12. BNS Section 103 now refers to what was formerly classified as murder under Section 302 of IPC. 

Q13. What if a minor murders someone?

Ans13. According to Section 18 of the JJ Act 2015, a Juvenile Justice Board (JJB) may impose different penalties if it determines that a minor under the age of 16 has committed a serious offence. But the longest penalty allowed in this kind of situation is three years in a special facility.

Q14. What if I killed someone in self-defence in India?

Ans14. The potential result could be an Acquittal. You may be released from prosecution if the court finds the self-defence evidence to be sufficient. Conviction: The act may result in a conviction if the court determines that it went beyond the limits of self-defence.

Q15. Why is life sentence 14 years in India?

Ans15. The Code of Criminal Procedure contains a remission clause that states that the state government may release an individual on remission if certain requirements are met. One of those requirements is serving a total of 14 years in prison. This is the origin of the myth about the 14-year sentence.

Q16. Which crime has the highest punishment in India?

Ans16. The execution of a criminal condemned to death following a court of law’s conviction of the offence is known as capital punishment, commonly known as the death penalty. It’s the maximum punishment that can be given to a defendant. It is typically granted in the most serious crimes of treason, rape, murder, etc.

Q17. What is the minimum punishment for 302?

Ans17. According to the Supreme Court, the minimum sentence for murder under Section 302 IPC is life in prison.

Q18. धारा 302-34 क्या है?

Ans18. आपराधिक कानून: भारतीय दंड संहिता, 1960–धारा 302, 302 को 34 के साथ पढ़ा जाए और 201 को 34 के साथ पढ़ा जाए –हत्या और उसके साक्ष्य को गायब करने का आरोप –हत्या के अपराध के संबंध में अभियोजन पक्ष का साक्ष्य खारिज कर दिया गया–हत्या के आरोप से अभियुक्त को बरी कर दिया गया–क्या हत्या के साक्ष्य को गायब करने के अपराध के लिए दोषी ठहराया जा सकता है

Q19. What is a kid jail called in India?

Ans19. The building is free of firearms and police officers. The rooms are referred to as dormitories rather than cells. It’s known as “Bachchan jail” (children’s prison) among young people.

Q20. Is death by accident a crime?

Ans20. Suppose the accused’s negligent behaviour resulted in the death of another person in a way that was neither intentional nor akin to culpable homicide, such as when the accused neglected to take reasonable precautions or behaved recklessly. In that case, the accused is held accountable.

Q21. What is the meaning of exigent circumstances?

Ans21. An exigency is anything that needs to be handled right away, including saving evidence from being destroyed, stopping a criminal from escaping or avoiding injury to someone.

Q22. Can you go to jail for accidentally killing someone in a car accident in India?

Ans22. Cause of death by negligence: Any individual who kills another person by a careless or reckless conduct that does not constitute culpable murder faces a maximum two-year sentence in either type of jail, a fine or both.

Q23. Can I hit a police officer in self-defence?

Ans23. Everybody has the right to self-defence under sections 96 and 97 of the Indian Penal Code. This right extends to protecting one’s own body or the body of another, as well as one’s own and other people’s property, subject to the restrictions outlined in section 99 of the IPC, which states that any act of private defence must always be reasonable and never excessive.

Q24. Which is India’s No 1 crime state?

Ans24. In 2024, Uttar Pradesh (UP) will have India’s highest crime rate. The crime rate of the United Provinces as of 2022 was 171.6%, far lower than the 258.1% national average. On the other hand, NCRB data indicates that UP has a high crime rate, with 753,675 recorded incidences.

Q25. What is the new IPC 302?

Ans25. Section 302 under BNS now encompasses the act of “intentionally uttering words to wound the religious sentiments of another person deliberately.” While the Indian Penal Code of 1860 comprised 511 sections, BNS has condensed this to 357 sections for offences, streamlining certain offences into unified sections.

Q26. Is death by accident bailable?

Ans26. Anyone who causes the death of any person by engaging in any reckless or thoughtless behaviour that does not constitute culpable homicide shall be punished with either type of imprisonment for a term that may extend to two years, or with fine, or with both. According to the IPC, any act that violates Section 304(a) is punishable by bail.

Q27. Can IPS shoot anyone?

Ans27. There are no special rights granted to any police officer who shoots someone while performing their responsibilities. In actuality, it is carried out in accordance with the Indian Penal Code’s provisions for private defence. The sections that are connected are these. When someone exercises their right to private defence, nothing is considered an offence.

Q28. What if I hit someone with my car and he dies?

Ans28. In these kinds of situations, the police typically prosecute under section 304A of the IPC. That is, the driver who inadvertently kills someone by striking or crushing him while operating a motor vehicle. Thus, under this section, the police file a case against the accused.