IPC Section 302 — Punishment for murder

What does this section state?

Section 302 prescribes the punishment for murder, the gravest form of culpable homicide under the Indian Penal Code. A killing rises to murder (rather than the lesser offence of culpable homicide not amounting to murder, Section 304) when the act is done with a clear intention to cause death, or with an intention to cause a bodily injury that the offender knows is likely to cause death, or the act is so inherently dangerous that it must, in all probability, cause death, without any of the exceptions under Section 300 (such as grave and sudden provocation) applying.

For example, a person who fires a gun at another's chest at close range, intending to kill, would ordinarily be charged under this section rather than a lesser provision. Because it carries the maximum punishment under the Code, murder trials are conducted before a Court of Session and typically involve detailed forensic and eyewitness evidence.

From 1 July 2024, the same offence for newly registered cases is charged under Section 103 of the Bharatiya Nyaya Sanhita instead.

Frequently Asked Questions

Is IPC Section 302 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Death, or imprisonment for life, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Who registers the FIR in a murder case?

Murder is a cognizable offence, so any police officer can register an FIR on receiving information and begin investigation immediately, without needing prior court permission.

What is the difference between Section 302 and Section 304?

Section 302 applies when there is clear intention or knowledge that death would result. Section 304 (culpable homicide not amounting to murder) applies where one of the legal exceptions — such as sudden and grave provocation, or exceeding the right of private defence — reduces the offender’s culpability.

Can a murder case be investigated by an agency other than the local police?

Yes. High-profile or sensitive murder cases are sometimes transferred to the CBI or a state Special Investigation Team, either on a court’s direction or a state government’s request, though the default is investigation by local police.