Section 302 in The Indian Penal Code
302. Punishment for murder.—Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine.
This section in the Indian Penal Code simply states that anyone who kills any person shall be punished with death or imprisonment for life and also be liable for fine.
Section 300 of the IPC, which outlines what constitutes murder or what actions result in murder, is subject to Section 302 of the IPC.
Section 300-Murder:
Murder is one of the most heinous crimes, as defined by Section 300 of IPC. Depending on the nature and gravity of the offence committed, taking someone’s life with proper knowledge and intent is punishable by death or life imprisonment and fine.
As a result, any act committed with the intent and knowledge of causing the death of another person constitutes Murder, and the perpetrator is punishable under Section 302 of the IPC.
Murder is an aggravated version of culpable homicide. Section 300 of the Indian Penal Code clearly distinguishes between culpable homicide and murder.
It is necessary to understand the distinction between Murder and Culpable Homicide in order to comprehend Section 300 of the Indian Penal Code. Because the cause of death is common in both, it becomes difficult for people to distinguish between the two.
Section 299 of IPC:
- A person commits culpable homicide if he commits an act that causes death.
- The intention of the person was to cause death.
- With the intent of causing bodily harm that is likely to result in death
- With the knowledge that the act is likely to result in death
Criminal intent or knowledge of the person is required to commit either of the offenses, murder or culpable homicide. Based on the intention and knowledge involved, there is a very thin line separating the two offenses.
The true distinction is in the degree to which the offense was committed. The higher the degree, the more accountable the person will be.
