Section 302 IPC: Punishment for murder

Indian Penal Code, 1860

Section 302 IPC at a Glance

Section 302 IPC deals with punishment for murder. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 103 BNS.

Punishment

Death, or imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 103 →

Section 302 IPC Bare Act Text

302. Punishment for murder

Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

Source: Section 302, Indian Penal Code, 1860

Section 302 IPC in Simple Words

Section 302 of the Indian Penal Code (IPC) prescribes the punishment for murder. Whoever commits murder as defined in Section 300 IPC is punished with death or imprisonment for life, and is also liable to fine. The offence is cognizable, non-bailable and triable exclusively by the Court of Session. It is not compoundable under Section 320 CrPC.

Ingredients of Section 302 IPC

  • The accused caused the death of a human being by doing an act
  • The act was done with the intention of causing death, or with the intention of causing such bodily injury as the offender knew to be likely to cause death, or with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death, or with the knowledge that the act was so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death, and was done without any excuse for incurring that risk
  • The act does not fall within any of the Exceptions to Section 300 IPC

Punishment Under Section 302 IPC

Imprisonment

Death, or imprisonment for life.

Fine

Liable to fine in addition to the sentence of death or imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Death, or imprisonment for life, and liable to fine.

Example of Section 302 IPC

In 2019, in Coimbatore, Vikram decided to kill his neighbour Harish over a long-standing farmland boundary dispute. One evening, Vikram waited outside Harish's farmhouse armed with a sharp dagger. When Harish stepped out alone and unarmed, Vikram lunged at him without any provocation and stabbed him repeatedly in the chest with the intention of causing his death. The blade pierced Harish's heart and he died on the spot. Because Vikram intentionally caused Harish's death and no statutory exception applied, the killing constituted murder. Vikram is punishable under Section 302 IPC.

When Section 302 IPC Does Not Apply

  • Section 302 IPC does not apply where the accused's conduct does not result in the death of a human being.
  • Section 302 IPC does not apply when a death occurs without any of the culpable states of intention or knowledge required to constitute murder under Section 300 IPC.
  • Section 302 IPC does not apply if the killing falls under one of the Exceptions to Section 300 IPC, in which case the offence is reduced to culpable homicide not amounting to murder.
  • Section 302 IPC does not apply when the fatal act is covered by a general exception in Chapter IV of the Indian Penal Code, such as the lawful exercise of the right of private defence.

Section 302 IPC in the BNS

Section 302 IPC is now covered under Section 103 BNS.

Section 302 IPC is now Section 103 BNS. Sub-section 1 of Section 103 BNS retains the punishment for murder of death or imprisonment for life, and liability to fine, identical to Section 302 IPC. Sub-section 2 of Section 103 BNS is new and has no counterpart in the IPC, prescribing death or imprisonment for life, and liability to fine, for each member of a group of five or more persons acting in concert who commit murder on grounds such as race, caste or community, sex, place of birth, language, personal belief or any other similar ground.

View detailed comparison (IPC 302 vs BNS 103) →

FAQs on Section 302 IPC

What punishment does Section 302 IPC prescribe for murder?▼

Section 302 IPC prescribes that whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

Is murder under Section 302 IPC bailable?▼

No. Murder under Section 302 IPC is classified as non-bailable under the First Schedule to the Criminal Procedure Code.

Is Section 302 IPC cognizable and which court tries it?▼

Section 302 IPC is cognizable, meaning the police may arrest without a warrant, and it is triable exclusively by the Court of Session.

Can an offence under Section 302 IPC be compounded?▼

No. Section 302 IPC is not compoundable under Section 320 CrPC, so the parties cannot settle it by compromise.

Where is Section 302 IPC placed in the Bharatiya Nyaya Sanhita?▼

It corresponds to Section 103 BNS, in Chapter VI, Of Offences Affecting the Human Body.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·