BACK TO SECTIONSAIR 1980 SC 898(1983) 3 SCC 470
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
Simplified
Section 302 was the cornerstone of Indian homicide law for over 160 years. The sentence is binary: death or life imprisonment (plus fine) — no intermediate option. The choice between death and life was left to judicial discretion until Bachan Singh v. State of Punjab (1980) established the 'rarest of rare' doctrine: death should be imposed only where (a) the crime is so heinous it shocks the collective conscience, (b) there is no possibility of reform, and (c) life imprisonment would be wholly inadequate. Machhi Singh v. State of Punjab (1983) elaborated five categories: manner of commission (extreme brutality), motive (planned depravity), anti-social nature of the crime, magnitude (multiple killings), and nature of victim (child, woman, public servant). The BNS preserves the punishment framework in Section 103 but adds BNS 103(2) specifically for mob lynching — where a group of five or more kills on grounds of race, caste, sex, place of birth, language, or personal belief, each member faces death or life imprisonment plus mandatory ₹1 lakh fine. The 'number trap': IPC 302 (Murder) → BNS 103. BNS Section 302 is NOT murder — it is about wounding religious sentiments.
Legal Evolution
Section 302's defining cases: Bachan Singh (1980) — 'rarest of rare'; Machhi Singh (1983) — categories of capital cases; Nirbhaya execution (2020) — four accused executed for 2012 Delhi gang rape and murder; Dhananjoy Chatterjee (2004) — first execution in India after a 14-year gap.
Landmark Precedents
Bachan Singh v. State of Punjab (1980)
RELEVANCE
Established the 'rarest of rare' doctrine — courts must balance aggravating and mitigating factors before awarding capital punishment.
Machhi Singh v. State of Punjab (1983)
RELEVANCE
Elaborated five categories of rarest-of-rare cases: manner of commission, motive, extent of crime, nature of victim, and social impact.
Practical Scenarios
"Premeditated shooting at point-blank range with clear intent to kill."
"Administering slow poison knowing it will cause death."
"A mob of 6 killing a person on caste grounds — BNS 103(2) with mandatory ₹1 lakh fine."
Common Queries
IPC 302 (Murder) is now BNS Section 103. CRITICAL EXAM TRAP: BNS Section 302 is NOT murder — it deals with wounding religious sentiments. For any murder case after July 1, 2024, cite 'BNS Section 103'.
No. Under the 'rarest of rare' doctrine, the death penalty is awarded only in exceptional cases. Life imprisonment is the norm; death requires special reasons recorded in writing showing the crime belongs to the narrowest category of the most heinous offences.