title: "Section 302 IPC: punishment for murder and its BNS equivalent" description: "Section 302 of the Indian Penal Code 1860 prescribes the punishment for murder. Here is what it says, how it differs from culpable homicide, and how the new Bharatiya Nyaya Sanhita 2023 changes things." datePublished: "2026-06-22T10:00:00+05:30" dateModified: "2026-06-22T10:00:00+05:30" author: "NyayX Team" ogImageTitle: "Section 302 IPC: punishment for murder"
Section 302 of the Indian Penal Code 1860 is one of the most cited provisions in Indian criminal law. It is also one of the most misunderstood, largely because people conflate two separate sections. Section 300 IPC defines what constitutes murder. Section 302 IPC prescribes the punishment. The distinction matters when reading judgments or FIRs.
What section 302 IPC actually says
The text of section 302 is short. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
That is the entire provision. It does not define murder. It does not set out the gradations or exceptions. It simply attaches a punishment to the offence that section 300 has already defined. When a charge sheet or a court order says "section 302 IPC", it means the accused is alleged to have committed murder and faces either capital punishment or a life sentence, along with a fine.
The choice between death and life imprisonment is one of the most significant exercises of judicial discretion in Indian courts. Courts have developed extensive doctrine around what constitutes the "rarest of rare" cases warranting the death penalty. This blog does not summarise that doctrine, because it is fact-specific and continues to evolve. For the authoritative position on any given aspect, the bare act and recent Supreme Court decisions should be consulted directly.
Section 300 IPC: where murder is defined
Since section 302 only prescribes punishment, understanding the charge requires reading section 300. Section 300 sets out four clauses under which an act of causing death amounts to murder, along with five exceptions that can reduce the offence to culpable homicide not amounting to murder.
The distinction between murder and culpable homicide not amounting to murder is a recurring issue in Sessions Court trials. Murder, in broad terms, involves a higher degree of intention or knowledge. Culpable homicide that does not meet the section 300 threshold falls under section 304 IPC, which carries a lighter maximum sentence. Courts examine the intention of the accused, the nature of the weapon, the body part targeted, and other facts to determine which provision applies.
If you are reading a case record and the charge has been framed under section 302 but the judgment convicts under section 304, the court has found that the act was culpable homicide but not murder, typically because one of the section 300 exceptions applied or the required degree of intention was not established beyond reasonable doubt.
Basic procedural character of the offence
Murder under section 302 IPC is a cognizable offence, meaning police can arrest without a warrant. It is non-bailable, so bail is not a matter of right and must be sought before the appropriate court. Trials are conducted by the Court of Session.
These are well-established features of the offence, but the procedural rules that govern cognizability, bail, and trial court jurisdiction are set out in the First Schedule to the Code of Criminal Procedure 1973 (now the Bharatiya Nagarik Suraksha Sanhita 2023 for cases filed after 1 July 2024). Always verify against the current schedule if you are reading a live case.
The BNS 2023 transition: section 103 is the new 302
The Bharatiya Nyaya Sanhita 2023 came into force on 1 July 2024, replacing the Indian Penal Code 1860. Under the BNS, the punishment for murder is now at section 103 BNS. The punishment remains the same: death or imprisonment for life, with fine.
The practical implication is a dual regime. Any offence alleged to have been committed before 1 July 2024 continues to be charged and tried under IPC 302. Any offence on or after that date falls under BNS 103. Courts are currently running both tracks. If you are looking at a recent FIR or charge sheet and do not see "section 302 IPC", check whether the FIR cites "section 103 BNS" instead.
Section numbers across the IPC and BNS do not always correspond. Section 302 IPC becomes section 103 BNS; that particular renumbering is significant enough that it is worth memorising if you work in criminal law regularly. For the full text of both provisions, the Indian Penal Code on NyayX is a starting point, and the BNS bare act should be consulted alongside it for any matter filed after July 2024.
Reading an FIR that cites section 302
When someone says they have been charged "under 302", it almost always means section 302 IPC (or, for newer cases, section 103 BNS). The FIR will list the sections under which the case has been registered. At the FIR stage, the police apply sections based on the initial version of events. Charges can be framed differently by the court after the investigation is complete.
An FIR listing section 302 does not mean the charge will survive to trial unchanged. The investigating officer may add or drop sections after examining evidence. The Sessions Court frames the formal charges after considering the police report and hearing the accused. What appears in the FIR is the starting point, not the final word.
In short
Section 302 IPC prescribes the punishment for murder: death or life imprisonment, plus fine. The definition of murder is in section 300 IPC. For offences on or after 1 July 2024, section 103 of the Bharatiya Nyaya Sanhita 2023 is the applicable provision. The offence is cognizable, non-bailable, and triable by the Court of Session. The distinction between murder and culpable homicide not amounting to murder turns on the specific facts and the degree of intention, and is ultimately a matter for the court to decide on the evidence before it.