Section 302 IPC was the section for murder. Under the new law, the Bharatiya Nyaya Sanhita, 2023, the same provision is now Section 103. The punishment is death or life imprisonment, together with a fine. The offence is cognizable and non-bailable, and it is tried by the Sessions Court.
| Old section | Section 302, Indian Penal Code, 1860 |
| New section | Section 103, Bharatiya Nyaya Sanhita, 2023 |
| Offence | Murder |
| Definition of murder | Section 101 BNS (earlier Section 300 IPC) |
| Punishment | Death or life imprisonment, and a fine |
| Cognizable | Yes |
| Bailable | No — non-bailable |
| Can it be settled? | No — non-compoundable |
| Which court | Sessions Court |
| Arrest without warrant | The police can arrest |
What Section 302 was, and what it is now
Section 302 of the Indian Penal Code, 1860 set out the punishment for murder. Murder itself was defined separately in Section 300 — that is, Section 300 said which acts count as “murder”, and Section 302 provided the punishment.
The IPC has now been replaced by the Bharatiya Nyaya Sanhita, 2023. The scheme is the same; only the numbers have changed:
| Subject | Old (IPC) | New (BNS) |
|---|---|---|
| Definition of murder | Section 300 | Section 101 |
| Punishment for murder | Section 302 | Section 103 |
| Culpable homicide not amounting to murder | Section 304 | Section 105 |
| Death by negligence | Section 304A | Section 106 |
An incident that took place before 1 July 2024 (when the new law came into force) is governed by the old section. That is why both 302 and 103 still appear in the courts today. Older judgments also remain useful, because the meaning of the provision has not changed — only its number has.
What the punishment is
The punishment for murder is death or life imprisonment, together with a fine. This section provides no lesser punishment — so if the court holds murder proved, one of these two punishments must follow.
On the death penalty, the Supreme Court has built up a principle over many years: it is imposed only in the “rarest of rare” cases. Life imprisonment is the rule, and death the exception. The court has to explain why life imprisonment is not enough in that case.
Life imprisonment means imprisonment for the whole of one's life, not 14 or 20 years — this misunderstanding is very common. Early release depends on the government's power of remission, and in some serious cases the High Court or the Supreme Court can also direct that no remission will be granted for a fixed period.
Where a group of five or more people commits murder on the ground of caste, religion, sex, place of birth, language or any similar ground (mob lynching), the punishment under Section 103(2) BNS is also death or life imprisonment.
302 and 304: the most important difference
Not every death is murder. The law separates three categories, and the difference lies in intention and circumstances:
| Category | New section | When it applies |
|---|---|---|
| Murder | Section 103 BNS | There was an intention to kill, or an injury was caused that is sufficient in the ordinary course to cause death |
| Culpable homicide not amounting to murder | Section 105 BNS | A sudden fight without premeditation, in anger, exceeding the limits of self-defence, or there was only knowledge of death but the conditions for murder are not met |
| Death by negligence | Section 106 BNS | No intention, but death was caused by negligence or rashness |
Two people get into a fight on the road. One of them suddenly pushes the other in anger; the other falls, hits his head and dies. There was no prior plan to kill, and the fight broke out suddenly — cases of this kind usually fall under Section 105, not 103. But the court decides this on the facts, and every case is different.
It is on the facts and the evidence that the court has to decide whether the case is one of murder or falls under Section 105 — and this makes a very large difference to the punishment.
What Section 307 is, and how it differs from 302
The section searched for most often alongside 302 is 307, and it is important to understand how the two relate.
Section 307 IPC — now Section 109 BNS — deals with attempt to murder. That is, an act done with the intention of committing murder, where death did not result.
| Murder | Attempt to murder | |
|---|---|---|
| Old section | Section 302 IPC | Section 307 IPC |
| New section | Section 103 BNS | Section 109 BNS |
| Did death result? | Yes | No |
| Intention | Intention to kill, or an injury sufficient to cause death | Intention to kill, but the act was not completed |
| Punishment | Death or life imprisonment | Imprisonment up to 10 years and a fine; up to life imprisonment if hurt is caused |
| Bail | Non-bailable | Non-bailable |
| Court | Sessions Court | Sessions Court |
When Section 307 applies
Two things have to be proved: first, that the act was one that could have caused death; and second, that the intention or knowledge was such that, had death resulted, it would have been murder. An injury alone is not enough — the intention is examined. That is why in many cases a section for ordinary hurt is applied instead of 307, and in many cases the reverse.
Under 307, an injury is not necessary. If both the intention and the act are present, the section can apply even when no injury was caused. This is often misunderstood.
Punishment under Section 302: what life imprisonment really means
There are two punishments — death or life imprisonment, together with a fine. Nothing less.
How many years is life imprisonment?
This is the biggest misunderstanding. People believe that life imprisonment means 14 years or 20 years. It does not. The Supreme Court has said repeatedly that life imprisonment means imprisonment for the rest of the convict's natural life.
So where does the figure of 14 years come from? It comes from remission — the power of the state government to reduce a sentence. Under the rules, in some cases remission may be considered after 14 years of imprisonment have been completed. But:
- Remission is not a right — it is at the government's discretion
- It is not granted in every case
- In some serious cases the High Court or the Supreme Court can also direct that no remission will be granted for a fixed period (such as 20, 25 or 30 years) — a Sessions Court cannot do this
The death penalty — “rarest of rare”
The Supreme Court laid down this principle in Bachan Singh: the death penalty only in cases that are the “rarest of rare”. Life imprisonment is the rule. The court has to state in writing why life imprisonment is not enough in that case, and it must weigh both the circumstances that were in the offender's favour and those that were not.
Defining murder: when culpable homicide becomes murder
This is the most technical part of the law, but it is important to understand, because the vast difference in punishment turns on it.
First there is culpable homicide — death caused by someone's act. The law then states when culpable homicide becomes murder. There are four situations:
- An act done with the intention of causing death The direct aim was that death should result.
- An intention to cause an injury that is likely to cause death There was no intention to kill, but the injury intended was one that could cause death, and the offender knew this.
- An injury sufficient in the ordinary course to cause death There was an intention to cause injury, and that injury was in itself so serious that it would ordinarily cause death.
- An act so dangerous that death was almost certain No particular intention, but the offender knew the act was so dangerous that death, or an injury likely to cause death, was almost certain — and still did it without any reasonable excuse.
Exceptions — when it is not murder
The law provides five exceptions; where one applies, culpable homicide is not murder, and the punishment is then under Section 105 BNS:
- Grave and sudden provocation — which deprived the person of self-control
- Exceeding the limits of self-defence — there was a right of defence, but it was taken beyond its limits
- Public servant — who, acting in good faith, exceeded their lawful powers
- Sudden fight — without premeditation, in the heat of passion, and without taking undue advantage
- Consent of the victim — a person above 18 years of age took the risk of death of their own free will
In many trials the main question is whether the case falls within one of these exceptions. The prosecution has to prove the intention and the circumstances, and the court decides on the evidence. For murder the punishment is death or life imprisonment; under Section 105 it is life imprisonment, imprisonment of 5 to 10 years, or in some cases imprisonment up to 10 years.
What happens after arrest
If you or someone close to you is involved in a case of this kind, it is important to know what protections the law gives.
| The 24-hour rule | Must be produced before a magistrate within 24 hours of arrest (excluding travel time) |
| Being told the reason | The grounds of arrest must be communicated |
| Informing someone | The right to have family or a friend informed of the arrest |
| Meeting a lawyer | The right to meet one's lawyer during questioning (not to have the lawyer present throughout the questioning) |
| Free legal aid | Every person held in custody is entitled to a free lawyer from the District Legal Services Authority (DLSA), whatever their income |
| Medical examination | The right to a medical examination at the time of arrest |
How to get free legal aid
Every district has a District Legal Services Authority, which provides a free lawyer. This comes from Articles 21 and 39A of the Constitution and the Legal Services Authorities Act — lack of money cannot deny anyone justice. For a person in jail, an application can be made through the jail, and in the Sessions Court, if the accused has no lawyer, the court provides one at state expense.
This page is for information only. In a case such as murder, every fact, every witness and every report matters. Do not make any decision based on what you read on the internet — see a lawyer immediately. If money is a problem, the District Legal Services Authority provides a free lawyer.
How the trial proceeds
- An FIR is registered Because the offence is cognizable, the police register an FIR at once and begin the investigation. No order from a Magistrate is needed.
- Arrest and remand The police can arrest without a warrant. The accused must be produced before a magistrate within 24 hours of arrest.
- Bail application Because the offence is non-bailable, bail is not a right. In a case this serious, bail is usually sought from the Sessions Court or the High Court.
- Investigation and charge sheet The post-mortem report, witness statements, forensic reports and other evidence are collected. After the investigation, the police file a charge sheet.
- Committal to the Sessions Court The Magistrate commits the case to the Sessions Court, because that court tries this offence.
- Framing of charges and trial The Sessions Court frames the charges, then the evidence is recorded and arguments are heard. An appeal against the judgment lies to the High Court.
This page is for information only, not legal advice. In a murder case every fact matters — intention, circumstances, evidence, witnesses. If you are involved in such a case, the right step is to see a lawyer without delay.
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Frequently asked questions
Which section has Section 302 become now?
In the Bharatiya Nyaya Sanhita, 2023, the murder provision is now Section 103. An incident that took place before 1 July 2024 (when the new law came into force) is still tried under Section 302 of the IPC. One that took place afterwards is tried under Section 103 BNS.
Is bail available under Section 302?
It is a non-bailable offence, which means bail is not available as a right — it depends on the court's discretion. For an offence this serious, bail is sought from the Sessions Court or the High Court, and the court decides on the facts of the case.
What is the difference between 302 and 304?
Section 302 (now 103 BNS) is for murder. Section 304 (now 105 BNS) is for culpable homicide that does not amount to murder. The difference lies in intention and circumstances — such as an act done without premeditation in a sudden fight, or exceeding the limits of self-defence. The punishment is usually lower, but life imprisonment is possible under Section 105 as well.
Can the police arrest without a warrant?
Yes. It is a cognizable offence, so the police can arrest without a warrant and begin the investigation without a magistrate's order.
Can this case be settled?
No. It is a non-compoundable offence. A settlement between the parties does not end the case, because it becomes a matter between the State and the accused.
Which court hears the case?
The Sessions Court. The Magistrate commits the case to the Sessions Court, and the trial takes place there.
What is Section 307, and how does it differ from 302?
Section 307 IPC — now Section 109 BNS — deals with attempt to murder, that is, an act done with the intention to kill where death did not result. The punishment is imprisonment up to 10 years and a fine, and up to life imprisonment if hurt is caused. Section 302 (now 103 BNS) applies when death results.
How many years is life imprisonment?
For the whole of one's natural life. The idea of 14 or 20 years comes from remission — the power of the state government to reduce a sentence. Remission is not a right, it is not granted in every case, and in some cases the High Court or the Supreme Court can also direct that no remission will be granted for a fixed period.
What is the punishment under Section 302?
Death or life imprisonment, together with a fine. This section provides no lesser punishment. The death penalty is imposed only in the “rarest of rare” cases — life imprisonment is the rule.
When does Section 307 apply?
When two things are present: first, the act was one that could have caused death; and second, the intention or knowledge was such that, had death resulted, it would have been murder. An injury is not necessary — if both the intention and the act are present, the section can apply even without any injury.
What if I cannot afford a lawyer?
Every district has a District Legal Services Authority that provides a free lawyer — a person in custody gets one regardless of income. This comes from Articles 21 and 39A of the Constitution. For a person in jail, an application can also be made through the jail.