Indian Criminal Law | Updated 30 October 2026

Section 302 IPC: Punishment for Murder and Section 103 BNS

Section 302 of the Indian Penal Code, 1860 prescribed the punishment for murder. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding provision is Section 103, in force from 1 July 2024.

Important: The date of the alleged offence matters. The repeal of the IPC does not automatically replace the law applicable to conduct committed before the BNS commenced. The repeal and savings provisions and applicable procedural law must be considered.

What did Section 302 IPC provide?

Section 302, titled "Punishment for murder", provided:

Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

Section 302 is a punishment provision. The definition of murder was found in Section 300 IPC, read with culpable homicide under Section 299 IPC. The exceptions to murder in Section 300 may affect whether the offence is murder or culpable homicide not amounting to murder.

Current law: Section 103 of Bharatiya Nyaya Sanhita, 2023

Section 103(1) BNS provides for death or imprisonment for life and fine for murder. Section 103(2) BNS specifically addresses murder by a group of five or more persons acting in concert on grounds such as race, caste or community, sex, place of birth, language, personal belief or any other similar ground. Each member of such group is punishable with death or imprisonment for life and fine where the statutory elements are established.

The definition of murder appears in Section 101 BNS, with culpable homicide defined in Section 100 BNS. Section 102 BNS addresses culpable homicide where a person other than the intended victim dies; Section 105 BNS prescribes punishment for culpable homicide not amounting to murder.

Legal issue	Earlier IPC	Current BNS
Definition of murder	Section 300	Section 101
Punishment for murder	Section 302	Section 103(1)
Specified group murder	No identical standalone subsection in Section 302	Section 103(2)
Culpable homicide not amounting to murder	Section 304	Section 105

Punishment and death sentence

Both Section 302 IPC and Section 103(1) BNS prescribe death or imprisonment for life, along with liability to fine. A death sentence is not automatic on conviction for murder. Courts apply the governing constitutional and sentencing principles, including the rarest of rare doctrine, and consider aggravating and mitigating circumstances.

Imprisonment for life ordinarily means imprisonment for the remainder of the convicted person's natural life, subject to applicable statutory provisions on remission and commutation and the terms of the sentence.

Is murder cognizable and non-bailable?

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), offences under Sections 103(1) and 103(2) BNS are cognizable, non-bailable and triable by a Court of Session. Cognizable means police may arrest without a warrant subject to law. Non-bailable does not mean bail is legally impossible; bail is subject to judicial discretion and applicable restrictions.

Murder versus culpable homicide not amounting to murder

Every murder is culpable homicide, but not every culpable homicide is murder. The nature of the intention or knowledge, the injury and surrounding circumstances, and the statutory exceptions determine the classification. Section 105 BNS, corresponding broadly to Section 304 IPC, addresses culpable homicide not amounting to murder and carries different sentencing provisions.

Section 302 IPC: Supreme Court and High Court case-law references

The following historical citations appeared in the original article and are retained for research continuity. Names and citations have not been independently verified against the full judgments. Confirm the correct citation, court, facts and current precedential position before relying on any authority in court.

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 Singhv. 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)

Frequently asked questions

Has Section 302 IPC been replaced?

For conduct governed by the new criminal law from 1 July 2024, Section 103 BNS is the corresponding provision. The IPC remains relevant to earlier offences and saved proceedings as provided by law.

Is a murder charge under Section 103 BNS bailable?

It is classified as non-bailable, but a court may consider a bail application in accordance with the BNSS and relevant judicial principles.

Does every murder conviction result in the death penalty?

No. The statute provides death or imprisonment for life and fine. A death sentence requires a separate judicial sentencing assessment under the applicable law.

Official statutory references

Legal information is general in nature and does not replace advice on the facts of a particular case.