Indian Penal Code
Section 302
Capital Offense
Punishment for Murder
Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
Elements of the Offense
1
Intention or Knowledge
The act must be done with the intention of causing death or with the knowledge that it is likely to cause death.
2
Death
The act must result in the death of the person.
3
Causation
There must be a direct causal link between the act and the death.
Punishment
Maximum Punishment
Death or imprisonment for life, and fine
Important Case Laws
Bachan Singh vs State of Punjab (1980)
Established the “rarest of rare” doctrine for awarding death penalty.
Read full case →Machhi Singh vs State of Punjab (1983)
Laid down the broad outlines of circumstances when death sentence should be imposed.
Read full case →