Punishment for Murder - Section 302
What is Section 302 of IPC?
Murder is a heinous crime and is considered as an act that is evil within itself. Section 302 of the Indian Penal Code deals with punishment for murder, thus, anyone who is accused of committing murder is put on trial under this section. Moreover, if a person charged with murder is proven guilty then IPC section 302 prescribes the corresponding punishment as well.
Section 300 of the Indian Penal Code defines murder. Culpable homicide is considered as murder under this section,
If the act is done with an intention to cause death
If it is done with the intention of causing a bodily injury which the offender has the knowledge that it would cause death.
If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
If the person committing the act has that knowledge that it is very dangerous and it might cause death or bodily injury but still commits the act that would amount to murder.
It also provides exceptions to situations where the culpable homicide shall not be considered as murder, these are:
When the act is done due to grave and sudden provocation, causes the death of another person who gave the provocation;
When the act is done by the public servant who is authorized to do the act in order to promote public justice;
When the act is done for defending himself from further harm( right to a private defense);
When the act is done with the consent of the victim;
When the act is a result of a sudden fight.
If the action does not come within the exception provided under Section 300, then it would be punished according to Section 302.
Is IPC 302 bailable?
No, IPC Section 302 is not a bailable offence.
Minimum time for Bail when charged under Section 302 of IPC:-
Though, there is no stipulated time period defined under the Code for granting bail when charged under section 302. Grant of bail for such a serious crime is difficult and depends upon the facts and circumstances surrounding the case. Moreover, the prosecution will always try to make it difficult for the accused to get bail by providing strong reasons and evidence against the bail plea.
Further, Section- 167 of CrPC says that the judge may extend the period of detention of the accused by more than fifteen days if he believes that there exist adequate grounds for doing so. However, he cannot extend the period of detention of the accused under this paragraph for more than ninety days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years (murder comes in this category).
Procedure to follow if IPC 302 bail application is rejected:
It is not easy to get bail when charged under IPC 302. Bail application can easily get rejected in such cases, however, you can still file a review petition before the judge to review the order and grant bail. Also, one can file another bail application if you have a new ground on which you can proceed.
Use Lawtendo for filing bail applications for your case under IPC 302 with the help of the best criminal lawyers near you.
What is the punishment for IPC 302?
Punishment for murder is provided under Section 302 of the Indian Penal Code. According to this Section if proven guilty the person shall be punished with:
Death, or
Life imprisonment, and
Fine
Section 302 IPC case laws
Case laws related to Section 302 IPC involve judicial interpretations and decisions in matters of murder trials. These cases often explore elements such as intention, motive, and evidence to determine the guilt or innocence of the accused. Courts may consider various factors, including the nature of the act, the state of mind of the accused, and the consequences of the act, in reaching a verdict. Additionally, precedents from such cases contribute to the legal understanding and application of Section 302 IPC in subsequent trials.Essential Ingredients of section 302 ipc
The essential ingredients of Section 302 of the Indian Penal Code (IPC) include:Culpable Homicide: The act must involve culpable homicide, meaning the unlawful killing of a person.
Intention to Cause Death: There must be an intention to cause death or grievous bodily harm. The accused's state of mind plays a crucial role in establishing this element.
Act Causing Death: The accused's act must directly result in the death of the victim. The cause-and-effect relationship between the act and the death is a key consideration.
No Justifiable Excuse: There should be no justifiable excuse or legal justification for the act. The absence of any legal defense is important in establishing the culpability of the accused.
These elements collectively form the foundation for a charge under Section 302 IPC, which deals with the offense of murder. Courts carefully examine the evidence and circumstances surrounding the case to determine if these essential ingredients are present before convicting someone under this section.
Now, let’s understand each of the three punishments for murder under Section 302 of IPC for your kind perusal:
Death Penalty: The death penalty is a legal process whereby a person is put to death by the state as a punishment for capital offences. In the landmark case of Bachan Singh, the Supreme Court of India held that death sentences can only be awarded in the rarest of rare cases. Further, in the case of Raju Jagdish Paswan v. The State of Maharashtra, The Supreme Court said that life imprisonment is a rule and a death sentence is an exception.
This is because human life is too valuable and the death sentence should only be provided when the court is satisfied that the convict is a continuous threat to the society, he/she cannot be reformed or rehabilitated and when the crime committed is so heinous that no other form of punishment shall suffice.
Life Imprisonment: Imprisonments are of 3 types i.e. simple and rigorous imprisonment and the third one is solitary confinement. Life Imprisonment as the name suggests means that the person spends the remaining part of his life behind bars.
Fine: A person charged with murder can also be liable to pay a fine along with the sentence as directed by the Court.
Surrender after committing murder
Surrendering before the courts or the police would not exonerate the person of the crime committed however it can be evidence for the bona-fide intentions of the person concerned which may, in turn, lead the Court to be a little easygoing while awarding the punishment.
Is IPC 302 a cognizable offence or a non-cognizable offence?
IPC 302 is a cognizable offence, which means an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court.
How to file/defend your case for IPC 302 offence?
Use LawTendo for filing/defending your case under IPC 302 with the help of best criminal lawyers near you.
Appeal against a Murder conviction
Once the judgment is given by the court the appellant can make the appeal. The limitation period for filing the appeal allocated is different in different states. After that, the appellant will have to take the time to lodge the record. Court reporter and circuit clerk to prepare the record which can be quick or late. Appellants have a fixed amount of time to lodge the record which cannot be extended for a certain amount of time. Time is taken by the appellant to make the appeal and fill other paperwork is also a factor in how much time it takes. If the appeal court sends the case back to trial court it takes more time. After all of the process, it takes about an average of 20 months to complete the appeal. If you are lucky your process could end in weeks. But that rarely happens.
In a criminal case, the government cannot appeal if the defendant is found not guilty. The defendant can appeal the verdict if found guilty. With respect to the sentence that is imposed either side in a criminal case may appeal after a guilty verdict.
The appellant must show that the trial court made a legal error that affected the decision in the case. The appellant should prepare a written document or a brief to discuss the legal argument. In the brief, the appellant explains why the trial court’s decision should be reversed. Appellants cite previous court cases to support their claim. The Appellant should submit a brief supporting the decision. They should prove that the trial court is completely right or errors of the trial courts are not significant.
Important cases related to IPC section 302:-
K.M. Nanavati vs. State of Maharashtra: In this case, the Supreme Court had extensively explained the law relating to provocation in India. It was observed by the court that the test of "sudden and grave provocation" is whether a reasonable man, who belongs to the same society as the accused, is placed in the situation in which the accused was placed would have been so provoked as to lose his self-control.
Under certain circumstances, words and gestures may also lead to sudden and grave provocation to an accused, so as to bring his act under an exception.
The mental background of the victim can be taken into consideration, taking account of his previous act to ascertain whether the subsequent act leads to sudden and grave provocation for committing the offense.
The fatal blow clearly should trace the influence of passion that arises from the sudden and grave provocation. It should not be after the provocation has cooled down due to a lapse of time, otherwise, it will give room and scope to the accused of altering the evidence.
Muthu V. State of Tamil Nadu: In this case, it was held by the Supreme Court that constant harassment might deprive the power of self-control, amounting to sudden and grave provocation. When the person exceeds his right to private defense: Act of private defense can be said to have been exercised, when the act is committed in order to defend oneself from further harm. If the accused intentionally exceeds his right to private defense, then he is liable to murder. If it is unintentional, then the accused will be liable to culpable homicide not amounting to murder.
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| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Murder | Death or Imprisonment for Life + Fine | Cognizable | Non-Bailable | Court of Session |
| Offence | Murder |
|---|---|
| Punishment | Death or Imprisonment for Life + Fine |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of Session |
