SECTION 302

Overview: Section 302 is one of the most important sections of the Indian Penal Code. The section provides punishment for the offence of Murder. Section 302 of Indian Penal Code (IPC) is a penal section i.e. Punishment section for Murder. There only two types of punishment for Murder; Death (By Hanging) or Life imprisonment. The death sentence is awarded in rarest of rare case. Otherwise, if proved, Life Imprisonment is the minimum punishment.

What is Murder? Murder is defined under section 300 of the Indian Penal Code, 1860. The section enumerates four points under which if the act by which the death is caused falls it will constitute murder that are:

     1.  Mens rea

     2. Actus Reus

     3. Concurrence

     4. Causation

Illustrations:

     1.  A knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder because he had the knowledge that the blow may likely to cause death.

2. A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

3.  A without any excuse fires a loaded cannon into a crowded place and kills one person. A is guilty of murder.

Punishment for Murder under Section 302 IPC: This section provides punishment to any person who commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.