IPC Section 302 – Punishment for Murder
Learn about IPC Section 302 – punishment for murder in India. Read meaning, examples, landmark cases, and legal defenses.
Section 302 of the Indian Penal Code (IPC) deals with the punishment for the offence of murder.
It is one of the most serious crimes under Indian law and carries the harshest penalties, including the death sentence or life imprisonment.
In simple terms, if a person intentionally causes the death of another person, they can be punished under IPC Section 302.
IPC Section 302 – Bare Act Text
“Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.”
Key Points of IPC Section 302
Point
Explanation
Nature of Crime
It is a Cognizable, Non-bailable, and Non-compoundable offence.
Type of Offence
The offence is very serious and punishable by death or life imprisonment.
Triable By
Court of Session (Sessions Court).
Punishment
Death penalty or life imprisonment and fine.
Intent Required
There must be intention to cause death or knowledge that the act is likely to cause death.
Difference Between Section 299 and Section 302
Many people get confused between Section 299 (Culpable Homicide) and Section 302 (Murder).
Here’s a comparison to make it clear:
Basis
Section 299 (Culpable Homicide)
Section 302 (Murder)
Meaning
Causing death without full intention to kill.
Causing death with full intention or knowledge.
Nature of Act
Less severe, may result from negligence or sudden fight.
Very severe, deliberate, and intentional act.
Punishment
Up to 10 years or life imprisonment.
Death penalty or life imprisonment.
Example
Killing someone accidentally during a fight.
Planning and killing someone intentionally.
Illustrations (Examples)
Example 1:
A plans and poisons B’s food to kill him. B dies after eating the food.
➡️ A has committed murder under Section 302 IPC.
Example 2:
A stabs B several times knowing the injuries are likely to cause death.
➡️ A will be charged under Section 302 for intentional killing.
Example 3:
A hits B in a fit of rage during a sudden quarrel, not intending to kill, and B dies.
➡️ The act may fall under Section 304 (culpable homicide not amounting to murder), not Section 302.
Punishment Under IPC Section 302
Type of Punishment
Explanation
Death Sentence
Awarded in rarest of rare cases when the crime is brutal, heinous, and shocks public conscience.
Life Imprisonment
The convict spends the remainder of their life in jail.
Fine
Can be added to punishment as per the court’s discretion.
Landmark Judgments on Section 302 IPC
Case
Year
Key Ruling
Bachan Singh vs. State of Punjab
1980
Supreme Court held that death penalty should be given only in “rarest of rare” cases.
Machhi Singh vs. State of Punjab
1983
Laid down criteria to determine what constitutes a “rarest of rare” case.
State of M.P. vs. Ram Prasad
1968
Clarified difference between culpable homicide and murder.
K.M. Nanavati vs. State of Maharashtra
1962
Explained how sudden provocation can reduce murder to culpable homicide.
Graph: Comparison of IPC 299 vs IPC 302 Cases (Example Data)
Type of Case
% of Total Homicide Cases (India)
IPC 299 (Culpable Homicide)
35%
IPC 302 (Murder)
65%
(Illustrative data for understanding purpose only)
Bail Provisions Under IPC 302
- Non-bailable offence: Bail is not granted easily.
- Courts consider factors like:
- Evidence strength
- Intent and motive
- Risk of tampering with witnesses
- Nature of crime (premeditated or accidental)
Usually, bail is denied for murder charges unless there is clear lack of evidence.
Defenses Available Under IPC Section 302
A person accused under IPC 302 can take certain legal defenses:
- Private Defense (Self-defense) – If the killing was to protect oneself or others.
- Insanity (Section 84 IPC) – If the accused was of unsound mind.
- Accident (Section 80 IPC) – If death occurred accidentally, without intent.
- Infancy (Section 82-83 IPC) – If the accused is below 7 years (or 12 years with immature understanding).
- Lack of Intention – If the act was done without motive or intent to cause death.
Recent Trends and Data
According to NCRB (National Crime Records Bureau) data:
- Over 25,000–30,000 murder cases are registered every year in India.
- Conviction rate under Section 302 is around 40–45%, depending on state and evidence quality.
- Courts continue to prefer life imprisonment over the death penalty in most cases.
Important Legal Provisions Related to IPC 302
Section
Provision
Description
Section 299
Culpable homicide
Explains when causing death becomes punishable.
Section 300
Murder definition
Distinguishes murder from culpable homicide.
Section 304
Punishment for culpable homicide not amounting to murder
Lesser punishment when intention is absent.
Section 307
Attempt to murder
Covers attempt to commit murder.
Section 303
Punishment for murder by life convict
(Declared unconstitutional) Death penalty for life convicts committing murder.
Summary Table
Aspect
Details
Section Name
IPC Section 302
Offence
Murder
Punishment
Death or life imprisonment + fine
Cognizable / Non-cognizable
Cognizable
Bailable / Non-bailable
Non-bailable
Compoundable / Non-compoundable
Non-compoundable
Triable by
Court of Session
Conclusion
IPC Section 302 is the backbone of Indian criminal law dealing with murder.
It aims to protect human life by imposing the strictest punishment on those who take another’s life intentionally.
However, courts carefully evaluate the intent, motive, and circumstances before deciding the sentence — ensuring justice is balanced with humanity.
FAQs on IPC Section 302
Q1. What is the punishment for murder under IPC 302?
A: Death penalty or life imprisonment and fine.
Q2. Is IPC 302 bailable?
A: No, it is a non-bailable and non-compoundable offence.
Q3. What is the difference between IPC 300 and 302?
A: Section 300 defines what constitutes murder, while Section 302 prescribes the punishment for it.
Q4. Can life imprisonment under Section 302 be reduced?
A: Only through appeal, remission, or presidential pardon under Article 72 or 161 of the Constitution.
Q5. Is IPC 302 applicable in cases of accidental death?
A: No, accidental deaths are not covered. Intent or knowledge of likely death is essential.
What's Your Reaction?
