Section 302 - Punishment for Murder

As provided under the code, Section 302 IPC states punishment for committing murder.
Section states as, “ Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine."

For holding a person liable under sec 302 IPC, it is necessary to prove that the act committed amounts to the offence of Murder as defined under section 300 of the IPC and punishment for which is provided under Sec 302 Indian Penal Code. 

A person is said to commit the offence of murder when being a person of sound mind, he kills any other reasonable person. The intention and knowledge of a person while committing the act plays a major role here.

As provided under the Code, section 302 Indian Penal Code provides an alternative punishment of either death or imprisonment for life with a particular amount of fine, if an accused is found guilty of murder.

The Code of Criminal Procedure 1898 under section 367(5) (pdf) provided that an offence was punishable with death, and if the court sentences the accused to any punishment other than the death, the court was required to state the reasons for imposing the lesser penalty in its judgement.

In the case of Dalip Singh v. the State of Punjab, Supreme Court held that “in a case of murder, the death sentence should ordinarily be imposed unless the trying judge, for reasons which should normally be recorded, considers it proper to award the lesser penalty.”

After the Amendment Act 28 of 1955, this provision was deleted and the court was given an option to award either the death penalty or life imprisonment for committing murder. 
Further, it was stated that when an offence is punishable with death or imprisonment for life, the court has to give special reasons in writing for awarding the death sentence and if no reasons are recorded, the court will consider the death sentence as life imprisonment.

Punishment leading to the death penalty is given in the rarest of rare cases. This principle was laid down in the case of Bachan Singh v. the State of Punjab. 

The Constitutional validity of Death Sentence was affirmed by the Supreme Court in the case of Jagmohan Singh v. State of Uttar Pradesh, where it was alleged that Death sentence is contrary to Articles 14, 19 and 21 of the Indian Constitution and violates the fundamental rights of a person. The court held that “no law could deprive a citizen of life unless it was reasonable and in the public interest.”

The measures which need to be followed and guidelines to determine rarest of rare cases were laid down in the case of Machhi Singh v. the State of Punjab. These guidelines are:

• The manner of Commission of Murder
• The motive for Commission of Murder
• Anti-social or socially abhorrent nature of the crime.
• The magnitude of the crime.
• The personality of the victim of murder

The concept of murder in itself is a very broad concept. Except for the exceptions provided in section 300 IPC, whoever with proper knowledge and intention murders any person, shall be liable to punishment under the ambit of this section.

Punishment in the cases of murder solely depends on the nature and gravity of the offence and could be either death penalty or life imprisonment.
For establishing the offence under IPC 302,  motive, intention, medical evidence, eyewitnesses to the particular case plays a vital role. Before holding a person guilty for committing murder, it should be proved that the person was having prior knowledge and intention to do so and was very much aware of the consequences of his act.