Section 302 IPC (Now BNS 103): Punishment for Murder Explained (2026)

Explainer · Criminal Law · IPC to BNS

Updated for 2026 · Claw Editorial

Section 302 of the Indian Penal Code (IPC) prescribes the punishment for murder: death or imprisonment for life, plus fine. It is a cognizable and non-bailable offence, not compoundable, and is triable by a Court of Session. Under the new criminal code it is Section 103 of the Bharatiya Nyaya Sanhita (BNS), 2023. This page explains what counts as murder, how it differs from culpable homicide, what the punishment is, and how old IPC references map to the new BNS numbers. Last verified: October 2026.

01Why people get stuck on Section 302

Section 302 is the most quoted section of the IPC, but the confusion around it is real. Two things cause most of it.

The section is short, the law behind it is not

Section 302 itself is only one line. It says who is punished for murder and how. It does not say what murder is. That definition sits in Section 300, with its exceptions, and the difference from the lesser offence in Sections 299 and 304 is where most real arguments happen in court.

The numbers have changed

The BNS replaced the IPC for offences committed on or after 1 July 2024. A lawyer, student or journalist now has to know both numbering systems. Older cases and older articles still say “302”, while new FIRs say “103 BNS”. Mixing them up leads to wrong citations.

02What counts as murder (Section 300 IPC)

Murder is a form of culpable homicide, defined in Section 300 IPC, where the act is done with a specific level of intention or knowledge.

In plain terms, culpable homicide becomes murder when one of these is true:

• Intention to kill: the act is done with the intention of causing death.
• Intended bodily injury likely to cause death: the accused meant to cause an injury that he knew was likely to cause death of that person.
• Injury sufficient in the ordinary course of nature to cause death: the accused intended to cause that bodily injury, and it was enough to cause death. The Supreme Court explained this limb in Virsa Singh v State of Punjab (1958).
• Act so imminently dangerous: the act is so dangerous that it will in all probability cause death, and it is done without any excuse for taking that risk.

Section 300 also lists exceptions. If one applies, the offence is not murder but culpable homicide not amounting to murder. Examples include grave and sudden provocation, exceeding the right of private defence in good faith, and a sudden fight without premeditation.

Under the BNS, the definition of murder moves to Section 101 and the definition of culpable homicide to Section 100.

03Murder vs culpable homicide: Section 302 vs Section 304

The difference between murder and culpable homicide not amounting to murder is one of degree, mainly the degree of intention and the likelihood of death.

This is why many trials turn on one question: did the facts fit Section 300, or did an exception bring the case down to Section 304? Courts look at the weapon used, the part of the body hit, the number of injuries, the build-up to the incident, and whether there was provocation or a sudden fight.

Section 302 tells you the punishment. Section 300 tells you whether the offence is murder at all. Most arguments in court are about the second.

04Punishment under Section 302 IPC and BNS 103

The punishment for murder under Section 302 IPC is death or imprisonment for life, and the offender is also liable to a fine.

BNS Section 103(1) keeps the same punishment: death or imprisonment for life, and fine. The new code also adds a separate sub-section, 103(2), for murder committed by a group of five or more persons acting together on grounds such as race, caste, community, sex, place of birth, language or personal belief. This is often called mob lynching, and it carries death or life imprisonment, plus fine.

When is death the sentence?

Life imprisonment is the usual sentence. The death penalty is for exceptional cases. In Bachan Singh v State of Punjab (1980), the Supreme Court held that death should be given only in the “rarest of rare” cases, and that courts must give special reasons for it.

What does life imprisonment mean?

Life imprisonment means imprisonment for the rest of the convict’s natural life, subject to remission rules. Courts can also fix a minimum term before remission applies in some cases. That is a sentencing question and depends on the facts and the state’s rules.

05Is Section 302 cognizable, bailable, and which court tries it?

Murder is a cognizable, non-bailable and non-compoundable offence, triable by a Court of Session.

• Cognizable: the police can register an FIR and arrest without a warrant.
• Non-bailable: bail is not a right. The court decides whether to grant it, based on the facts, the strength of the case, and the risk of the accused fleeing or influencing witnesses. Bail applications are now dealt with under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC.
• Non-compoundable: the victim’s family cannot simply settle the case and have it closed. The State prosecutes.
• Court: the Court of Session. The case is committed there by a Magistrate after investigation.

An appeal against a conviction lies to the High Court, and a death sentence passed by a Sessions Court must be confirmed by the High Court before it can be carried out.

06IPC 302 to BNS 103: the mapping

Section 302 IPC is now Section 103 BNS, and the nearby sections moved with it.

For offences committed before 1 July 2024, the IPC still applies, so you will keep seeing 302 in older judgments. If you are checking other popular sections, see our explainers on Section 420 IPC (cheating) and Section 498A IPC.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a section like 302, the practical work is finding the right judgments on murder, culpable homicide and sentencing, and then tracking the case through trial and appeal. To search judgments, see our guide to court record search tools in India. Claw also has a free plan for individual advocates, with paid plans for teams and enterprises.

08Sources and further reading

• India Code (official Acts, including the IPC and BNS): indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

Always read the bare Act on India Code before citing a section. Last verified: October 2026.

09Frequently asked questions