What is Section 302 of IPC?
Murder, an act considered evil within itself, is a heinous crime. Indian Penal Code’s Section 302 deals with the punishment for murder, and authorities put anyone accused of committing murder on trial under this section.
Furthermore, if authorities prove a person charged with murder guilty, IPC section 302 prescribes the corresponding punishment as well.
Section 300 of the Indian Penal Code defines murder. Under this section, culpable homicide is considered as murder.
- If the act is done with an intention to cause death
- It is considered culpable homicide if a person does it with the intention of causing a bodily injury and has the knowledge that it would cause death.
- If a person does it with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient, in the ordinary course of nature, to cause death, it is considered as culpable homicide.
- If the person committing the act has that knowledge that it is very dangerous and it might cause death or bodily injury but still commits the act that would amount to murder.
What is a murder attempt?
An attempt to murder is a crime committed with the goal of causing death. However, owing to unforeseen circumstances, it was unable to be completed. The term “attempt to murder” refers to any situation in which the perpetrator knows or suspects that if the act is carried out, it would result in death. The crime of attempted murder is punishable under Section 307 of the Indian Penal Code.
Is a murder attempt bailable?
No, attempting to murder someone is not a charge that can be punished with a fine. It’s a felony that can’t be expunged. When a person is arrested and held for a non-bailable offence, only a court other than the high court or the Court of Session can decide whether or not the accused can be released on bail in public.
Classification of Offence
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Murder | Death Sentence or Life imprisonment with Fine | Cognizable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Non-Bailable | Sessions Court | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |
302 IPC Case Laws (Supreme Court and High Courts)
| Rajendra Prasad v. State of UP 1979 Cri LJ 792 |
| Jagmohan v. State of UP 1983 Cri LJ 370 |
| Najjam Faraghe v. State of West Bengal AIR 1998 SC 682 |
| Santosh Rani Jain v. State of West Bengal AIR 1998 SC 2633 |
| Girija Shankar v. State of UP 2004 Cri LJ 1388 (SC) |
| Babu ram v.State AIR 1998 SC 663 |
| Haricharan v. State of Rajasthan AIR 1998 SC 244 |
| Banwasi Ram v. State of UP AIR 1998 SC 674 |
| Bala Seetharamaiah v. perike S Rao 2004 Cri LJ 2034 (SC) |
| Bharat Singh v. State of Uttar Pradesh (1999) Cri Lj 829 (SC) |
| Sanjiv Kumar v. State of Himachal Pradesh 1999 Cri. LJ 1138 (SC) |
| C.V. Govindappa v.l State of Karnataka AIR 1998 SC 692 |
| Uday Kumar v. State of Karnataka AIR 1998 SC 3317 |
| Gurdev Singh v. State of Punjab 2003 Cri. LJ 3764 (SC) |
| Rampal v. State of Up 2003 Cri. LJ 3760 (SC) |
| Dharmvir Singh v. State 2003 Cri. LJ 3452 (SC) |
| Thangaiya v. State of Tamil Nadu 2005 Cri. LJ 684 (SC) |
| State of UP v. Virendra Prasad 2004 Cri LJ 1373 (SC) |
FAQs on Murder, Attempt to Murder, and Section 302 of IPC
Murder, as defined in IPC Section 300, encompasses different scenarios where a person causes the death of another with the intention to cause death or with the knowledge that their actions are likely to cause death. It includes intentional acts, acts with knowledge of causing death, and acts where the offender knows the harm caused is sufficient to cause death.
IPC Section 302 prescribes the punishment for murder, which can be the death sentence or life imprisonment, along with a fine. The court decides the appropriate punishment based on the facts and circumstances of the case.
An attempt to murder occurs when a person intends to cause the death of another and takes actions to carry out the act, but due to unforeseen circumstances, the act is not completed. This crime is punishable under Section 307 of the Indian Penal Code.
The main difference lies in the outcome of the act. In a murder, the person dies due to the offender’s actions. In an attempt to murder, although the intent to cause death is present, the act is unsuccessful in causing the victim’s death.
Read also:- IPC Section 301
