Criminal Law

Indian Penal Code (IPC) Section 302 : Murder

Criminal Law

🔹Indian Penal Code (IPC) Section 302 : Murder


🔹Law Summary (English):

Section 302 of the Indian Penal Code (IPC) deals with punishment for murder. It states that “Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.”

Simply put — this section is about punishing the most serious crime — taking another person’s life with intention or knowledge.


🔹In Simple Hindi:

Agar koi kisi insaan ki jaan jaan-boojhkar ya irade se le leta hai, to use Section 302 IPC ke tahat saza-e-maut (death penalty) ya umar qaid (life imprisonment) ho sakti hai.
Yaani jab kisi ki maut “intentionally” karai gayi ho — ye “murder” kehlata hai.


🔹Important Points to Understand:

  1. Intention Matters:
    Agar kisi ne gussa, planning, ya revenge ke chakkar me kisi ki jaan li — to ye murder hai.
  2. Not Accidental:
    Agar maut galti se hui, bina irade ke — to ye “culpable homicide not amounting to murder” ho sakta hai (Section 304).
  3. Punishment:
    • Death penalty (rarest of rare cases)
    • Life imprisonment
    • Plus fine (as decided by court).
  4. Burden of Proof:
    Prosecution ko sabit karna hota hai ki accused ne jaanboojhkar kisi ki jaan li.

🔹Example (Real-life Style):

Suppose Rohan and Aman had a fight. Rohan, in anger, brings a knife from his home and stabs Aman multiple times — Aman dies on the spot.

🔹Here, Rohan acted with intention to kill — so he’ll be charged under Section 302 (Murder).

But if Rohan had pushed Aman during a fight and Aman fell and died accidentally — that would not be Section 302; it might fall under Section 304 (Culpable Homicide).


🔹Difference Between Section 302 & 304:

PointSection 302 (Murder)Section 304 (Culpable Homicide not amounting to Murder)
IntentionClear intention to killNo clear intention to kill
PunishmentDeath or Life ImprisonmentUp to 10 years or Life Imprisonment
ExamplePlanning & killingAccidental death in heat of moment

🔹Related Sections:

  • Section 300: Definition of Murder
  • Section 304: Culpable Homicide not amounting to Murder
  • Section 307: Attempt to Murder

🔹In Short:

“Section 302 IPC – Murder means taking someone’s life intentionally or knowingly, and the punishment can be death or life imprisonment.”

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