In the world, the most common and heinous crime is the murder of an individual by another. This is the worst thing a human can do to another human. And to ensure that this kind of action should not be spared in society and should be dealt with serious consequences. There is a legal provision given under section 302 IPC. Section 302 IPC talks about the punishment given to a person who commits the offence of murder. The cases related to crime and punishment are to be dealt with through legal consultation.
What are the essentials of murder as per Section 300 and Section 302 IPC?
In Section 302 IPC, there is not any specific mention of any of the three punishments with the direction to the crime of murder. It means the section is silent on when the above-mentioned punishments will be given to an individual committing murder.
The three main essentials, as per section 302 IPC, are
- The act of murder done by an individual should be to kill all to cause death.
- The act of murder, which is done by an individual, should be done to cause anybody injury, which may be likely to result in death.
- If the act of murder is done with the knowledge that it is going to cause that death.
All the above-mentioned will be considered essential ingredients to fulfil the act of murder.
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Punishment for murder under Section 302 IPC
Section 302 IPC talks about the punishment which is given for the offence of murder. However, in section 300 of the Indian Penal Code, the offence of murder has been described. And Section 302 IPC talks about the legal provision which provides punishment for this heinous crime.
- This Part expresses that an individual carrying out a homicide will be rebuffed with capital punishment or life detainment and be responsible for paying a fine. This Part stretches out to everybody regardless of their sex. It even applies to a local official who, because of narrow-minded goals, kills somebody. The IPC doesn’t absolve anybody from the offence of homicide.
- Section 302 IPC plainly states, “Whoever carries out murder.”
- Further, the offence of homicide is non-bailable and non-compoundable.
- This Part discusses two sorts of discipline: capital punishment and life detainment.
- If one of these disciplines is forced, the wrongdoer will likewise be at risk of paying a fine.
- Capital punishment, detainment, and fines are additionally referenced in Segment 53 of the IPC, which discusses the sorts of discipline.
What is a death sentence under Section 302 IPC?
Section 302 IPC talks about the death sentence, which is given to the individual for committing an offence of murder. Anyone who commits murder is given the punishment of the death sentence under 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. Anyone who commits murder is given the punishment of Life imprisonment under Section 302 IPC.
What is the fine under Section 302 IPC?
Section 302 IPC talks about the fine which is imposed upon the individual for committing an offence of murder. Anyone who commits murder has to pay a fine to the state under Section 302 IPC.
Applicability of Section 302 IPC?
There are three exceptions of Section 302 IPC, which are given in Section 304, on which the applicability of Section 302 IPC does not occur.
- Merely the fact that someone has committed the offence of murder is not sufficient for section 302 to be imposed.
- Other factors, such as bodily injury, intention, motives, injury causing death, etc., are also taken into consideration.
What is the constitutional validity of Section 302 IPC?
Whether the punishment of the death sentence under section 302 IPC is against the constitutional values, so to know the same there were several developments in the constitutional validity of section 302 IPC
- Bachhan Singh versus the State of Punjab was the one in which the judiciary felt the need to reconsider the judgment of the Jagmohan case in which the Constitutionality of Section 302 IPC was challenged.
- In the case of Jagmohan, the constitutional validity of section 302 was challenged as it violates the rights given under Article 21, the right to life.
- However, in both cases, the court held that section 302 is valid and does not violate the fundamental rights given to the individuals. Rather it targets the crime, not the criminal, and to deliver justice, it becomes valid to give punishment under Section 302 IPC and does not violate Article 21.
Are there any exceptions under Section 302 IPC?
There are two important exceptions under the section 302 IPC
- As every legal provision has an exception for minors, the same applies in this case also; as per Section 82 IPC, there is no punishment given to minorōs if they are below seven years of age. But as per the Juvenile justice act, the offence of murder by a minor will be investigated, and it will be observed whether the juvenile has attended the age of 15 years or not.
- If a public servant, while performing his duty to the state, commits an offence of murder which was caused due to the restraint which was created in his performance of duty, then it will not be considered as an offence under section 302 IPC rather, it will be considered under different provisions and by higher authorities.
As per Section 302, IPC murder is a crime against the state and the worst act of crime an individual can perform. Because of this, Section 302 IPC provides strong punishments against the offender. Various cases and provisions have evolved with time in this section, as we discussed above. All matters related to crime and criminal acts are subject to legal consultation.