Indian Penal Code, 1860 · Section 302
Punishment for Murder
Section 302 — Punishment for Murder
Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
Key Points
- This section only prescribes the punishment; the definition of murder is in Section 300.
- The court has discretion to award either the death penalty or imprisonment for life as the primary sentence.
- Under the Bachan Singh v. State of Punjab (1980) ruling by the Supreme Court of India, the death penalty is permitted only in the "rarest of rare" cases.
- A fine may be imposed in addition to the primary sentence.
Landmark Judgements
| Case | Court | Year | Significance |
|---|---|---|---|
| Bachan Singh v. State of Punjab | Supreme Court of India | 1980 | Established "rarest of rare" doctrine for death penalty |
| Machhi Singh v. State of Punjab | Supreme Court of India | 1983 | Laid down guidelines for applying the rarest of rare doctrine |
| Shatrughan Chauhan v. Union of India | Supreme Court of India | 2014 | Prolonged delay in execution of death sentence is a mitigating factor |
BNS Equivalent
This section has been replaced by Section 103 of the Bharatiya Nyaya Sanhita, 2023 with effect from July 1, 2024.