Whoever commits murder shall be punished with death or [imprisonment for life], and shall also be liable to fine.
Meaning: Section 302 of the IPC talks about punishment for murder. Murder is defined under Section 300 IPC as an act of intending to kill another human being or killing a human being knowing it is likely to result in death. The section is applied in the most serious cases in that a person’s life was intentionally taken without valid justification.
Punishment for section 302
If a person is found guilty of murder, the Court may impose:
- Death Penalty: This is the highest punishment available under India’s criminal law. There must be exceptional circumstances for the death penalty to be awarded. The factors which signify the “rarest of cases” were established in the landmark case Bachan Singh v. State of Punjab (1980). In death penalty execution would be carried out by hanging as per Section 354(5) of the Code of Criminal Procedure.
- Life Imprisonment: This means that the convict will remain in prison for the their entire life, unless it the sentence is commuted or remitted as permitted by the law. The Supreme Court in Union of India v. V. Sriharan (2016) clarified that Life Imprisonment means imprisonment for the rest of the convict’s natural life unless there is remission granted by the government.
- Fine: The Court may make an order for a monetary amount, in addition to imprisonment. The fine is paid the victim’s family as a means for compensating the loss.
Essential Elements (from IPC Section 300)
To prove a case under IPC Section 302, the prosecution must prove:
- Death: The act of the accused caused the death of the victim.
- Intention: The act was performed with intent to cause death or intentionally cause bodily injury, and the bodily injury was likely to cause death.
- Knowledge: The act was performed with the knowledge that it was so dangerous that it was, in all probability, going to cause death.
Example
If A plans to shoot B, and actually shoots B in the chest, and he died as a result of the gun shot from A, then A will be charged under Section 302 IPC for murder. The fact that it was a premeditated act and A’s intention makes this a murder.
Differences Between Murder (302) and Culpable Homicide not amounting to Murder (304)
While murder under Section 302 is a higher degree of intent, and knowledge, culpable homicide in Section 304 on the other hand, is different because generally there is no intent, or there are factors that could reduce the seriousness of the act (e.g., sudden provocation).
Judicial Approach
The death penalty is given, only when the crime is so offensive to the public consciousness that life imprisonment is seen as an inadequate sentence. Courts take into consideration the degree of brutality, the motivation for the murder, and the possibility of rehabilitation when deciding between the death penalty and life imprisonment.