What is Section 302 IPC Bare Act?
Section 302 IPC Bare Act is the exact text of the Section 302 of the Indian Penal Code (IPC 302), passed by the Indian legislature or Parliament. Thus, it is a replica of the original Section 302 IPC available to the people of India by the Indian legislature or Parliament.
Section 302 IPC Bare Act (As Per the Indian legislature or Parliament)
Punishment for murder.— Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
Definition of Section 302 IPC
Section 302 IPC defines the offence of murder and prescribes punishment for the same. This section is one of the most serious criminal offences in India, and it carries severe punishment. Murder is the intentional killing of a human being, and it is considered a most serious offence under the Indian law.
According to Section 302 IPC, whoever causes the death of a person with the intention of causing death or with the knowledge that his or her act is likely to cause death shall be punished with death or life imprisonment, and shall also be liable to pay a fine. The section also applies to cases where the death is caused by a person’s act, which is done with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that such act is likely to cause death.
Elements of the offence under Section 302 of the IPC:
To establish the offence of murder under Section 302 IPC, the prosecution must prove the following elements:
- The accused caused the death of a person.
- The act of causing death was intentional or done with the knowledge that it is likely to cause death.
- The act was not done in self-defence or in the lawful exercise of the right of private defence.
- The act must not be accidental or unintentional.
Example of Section 302 of the IPC
- A person intentionally shoots and kills his neighbor over a property dispute. This would be an example of murder under Section 302 of the IPC.
- A group of robbers break into a house and kill the occupants for robbery. This would be an instance of murder under section 302 of the IPC.
- A person hires a hitman to kill his business partner because of a dispute over profits. This would be an example of murder under Section 302 of the IPC.
- A person sets fire to a building with the knowledge that people are inside, and several people die in the fire. This would be an example of murder under Section 302 of the IPC.
- A husband kills his wife because of a suspicion of infidelity. This would be an example of murder under Section 302 of the IPC.
- A person intentionally runs over another person with his car, resulting in the victim’s death. This would be an example of murder under Section 302 of the IPC.
- A group of people beat a man to death. This would be an instance of murder under section 302 of the IPC.
- A doctor administers a lethal dose of medication to a patient with the intention of killing him for monetary gain. This would be an example of murder under Section 302 of the IPC.
Is Section 302 IPC bailable or not?
Under the Indian law, the offence of murder under Section 302 of the Indian Penal Code (IPC 302) is considered a non-bailable offence. This means that if a person is accused of murder under Section 302, they cannot be released on bail as a matter of right.
The reason for this is that the offence of murder is considered to be one of the most serious crimes under the IPC, and allowing the accused to be released on bail may pose a threat to the safety and security of the society at large, as well as to the witnesses and the victim’s family.
However, in exceptional cases, the accused may be granted bail by the court, but only after considering the facts and circumstances of the case, including the severity of the offence, the evidence against the accused, the likelihood of the accused fleeing from justice or tampering with the evidence, and the need to protect the witnesses and the victim’s family.
Section 302 IPC Punishment?
The punishment for murder under Section 302 IPC is either the death penalty or life imprisonment and shall also be liable to fine. The decision on the type of punishment is based on the facts and circumstances of each case, such as the motive behind the murder, the brutality of the act, and the criminal record of the accused. The court also has the discretion to impose a fine on the accused in addition to the punishment of imprisonment.
In cases where the death penalty is awarded, the accused has the right to appeal to the higher courts. In some cases, the death penalty may be commuted to life imprisonment based on certain factors, such as the age of the accused, the possibility of reform, or the existence of extenuating circumstances.
Section 302 IPC Compoundable or Not?
Offence of murder under Section 302 of the Indian Penal Code (IPC 302) is a non-compoundable offence, which means that it cannot be settled out of court between the accused and the victim’s family.
This is because the offense of murder is considered a heinous crime, and allowing the accused to settle the matter with the victim’s family may dilute the sanctity of the law and the seriousness of the crime.
Furthermore, the state is the main prosecuting agency/party in criminal cases, and the victim’s family may not have the power to compromise or withdraw the case, as the offence is not considered a private wrong but a public wrong against the society at large.
Section 302 IPC Cognizable or Not?
Offence of murder under Section 302 of the Indian Penal Code (IPC 302) is a cognizable offence, which means that the police can arrest the accused without a warrant and start the investigation into the case as soon as they receive a complaint from the victim or any other person who has knowledge of the offence.
Once the police have started the investigation, they are required to follow the procedure prescribed under the CrPC, which includes recording the statements of witnesses, collecting evidence, and conducting a thorough investigation into the case. The police are also required to submit a charge sheet to the court if they find enough evidence to support the charge of the offence under Section 302 of the IPC.
It is important to note that while the offence under Section 302 of the IPC is a cognizable offence, the police are required to follow the due process of law and ensure that the rights of the accused are protected during the investigation and trial.
If the accused is arrested without a warrant, he or she must be produced before a magistrate within 24 hours of the arrest, and if the accused is unable to afford legal representation, he or she may be provided with a lawyer by the court.
Section 302 IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :
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