Boys’ High School & College, Prayagraj

PART- 3

Notes by Mrs. Sushmita Mukherjee

Section 302 and Section 304- Punishment for murder has been defined
under Section 302 of IPC. Punishment includes the death penalty or life
imprisonment with a fine. Section 302 deals with punishment for murder,
whereas Section 304 deals with punishment for culpable homicide not
amounting to murder. Section 302 of the IPC states that whoever
commits murder shall be punished with death or imprisonment for life,
along with a fine. On the other hand, Section 304 of the IPC states that
whoever commits culpable homicide not amounting to murder shall be
punished with imprisonment for life or imprisonment for a term of ten
years along with a fine. If the act is done with the knowledge that it is
likely to cause death or bodily injury as is likely to cause death without
intention to cause death, it shall be punished with imprisonment for a
term that may extend to ten years, with a fine, or with both.

Tabular representation of the difference between Section 302 and

Section 304 of the IPC

Section 302 Section 304

Punishment for murder has Punishment for culpable homicide not

been defined under Section amounting to murder has been defined
302 of the Indian Penal under Section 304 of the Indian Penal
Code. Code.

Under Section 304, punishment includes

Under Section 302,
imprisonment for life or imprisonment for a
punishment for murder
term of ten years and fine or rigorous
includes the death penalty or
imprisonment depending on the gravity of
life imprisonment with a fine.
the offence.

All murders fall under the Culpable homicide is a broader concept. All
category of culpable culpable homicides are not considered
homicide. murders.
 Culpable homicide consists of offences of
Murder falls under the
the 1st, 2nd and 3rd degrees, where the
culpable homicide of 1st
2nd and 3rd degrees are culpable
degree.
homicides not amounting to murder.

The offences committed

The offences under Section 304 may
under Section 302 include
include both intention and knowledge or
both intention and
only knowledge without any intention.
knowledge.

Section 302 of IPC

Life imprisonment is the rule and death penalty is an exception in an

offence of murder. Section 354 (b) of CrPC, 1973 requires that special
reasons should be recorded while awarding death penalty.

Where from the accused’s conduct it appears that he is genuinely

repentant for his conduct and desires to atone for the grievous wrong
done by him, the Court by taking overall view of all the circumstances of
the case substitute death sentence by sentence of life imprisonment.

An accused can be held guilty of murder on the basis of

circumstantial evidence if the circumstances unerringly point to the guilt
of the accused and they are consistent with his guilt. In a conviction for
murder if direct evidence is satisfactory and reliable the same cannot be
rejected on hypothetical medical evidence.

Section 304 of IPC

Whoever commits culpable homicide not amounting to murder shall be

punished with imprisonment for life, or imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine,
if the act by which the death is caused is done with the intention of
causing death, or of causing such bodily injury as is likely to cause death;

Or with imprisonment of either description for a term which may extend

to ten years, or with fine, or with both, if the act is done with the
knowledge that it is likely to cause death, but without any intention to
cause death, or to cause such bodily injury as is likely to cause death.
There are 2 parts of Section 304 IPC

PART I - A person who has committed a crime falling under the category
of ‘culpable homicide not amounting to murder’ is to be awarded a
punishment of life imprisonment or imprisonment of a term extending up
to ten years and a fine. The act of crime has to be committed with both
intentions along with knowledge.

Part II- It lays down that an act which causes death is committed, or the
act itself is committed with an intention to cause death or a bodily injury
which ‘is likely to cause death’ is to be punished with imprisonment of the
term extending up to ten years or fine or both imprisonment of ten years
and fine altogether. Furthermore, it must be maintained that the act has
been committed with the knowledge that it is likely to cause death but
without any intention to cause death or any bodily injury resulting in
causing death.

It can be specified that Section 304 of IPC stresses two factors namely
knowledge and intention to determine the amount of punishment. If an
act is committed with both the intention and knowledge, Section 304
(Part I) of IPC awards a punishment of imprisonment for life or
imprisonment for ten years and a fine. On the contrary, if it is committed
with knowledge but without intention, under Section 304 (Part II) of IPC,
a person shall be sentenced to a term of imprisonment of ten years or a
fine or with both ten years imprisonment and a fine.