A REPORT ON

PUNISHMENT FOR MURDER

SECTION 302 OF IPC

BY
R J ABHINAV SRIVATSAV
(15FLUHH006001)

PROJECT GUIDE
P.RAGHAVENDRA REDDY

A REPORT ON
PUNISHMENT FOR MURDER
SEC 302 OF IPC

BY
R.J. ABHINAV SRIVATSAV
(15FLUHH006001)

A report submitted in partial fulfillment of the

requirements of BBA.LLB (Hons.) Program of
Faculty of Law, IFHE Hyderabad

ACKNOWLEDGMENTS

I would like to acknowledge and thank the persons

who have helped me in finishing this project. I am
forever in debt for helping me through.

(i) HEAD OF THE ORGANIZATION K.PRABHAKAR

REDDY

(ii) PROJECT GUIDE P.RAGHAVENDRA REDDY

(iii) FACULTY IN CHARGE LAKSHMI

(iv) OTHERS R.Rajashekar Reddy (Advocate)

INTRODUCTION

Murder is the unlawful killing of another

human being without justification or valid
excuse, especially the unlawful killing of
another human being with malice
aforethought. This state of mind may,
depending upon the jurisdiction, distinguish
murder from other forms of unlawful
homicide, such as manslaughter.
Manslaughter is a killing committed in the
absence of malice, brought about by
reasonable provocation, or diminished
capacity. Involuntary manslaughter, where it
is recognized, is a killing that lacks all but the
most attenuated guilty intent
(mens rea), recklessness.

TABLE OF CONTENTS

1.ACKNOWLEDGMENTS
2.INTRODUCTION
3. ANALYSIS
4.CASE STUDY
5.CONCLUSIONS
6. REFRENCES

WHAT IS A MURDER?
Murder is the unlawful killing of another
human being without justification or valid
excuse, especially the unlawful killing of
another human being with malice
aforethought.This state of mind may,
depending upon the jurisdiction,
distinguish murder from other forms of
unlawful homicide, such as manslaughter.
Manslaughter is a killing committed in the
absence of malice, brought about by
reasonable provocation, or diminished
capacity. Involuntary manslaughter,

where it is recognized, is a killing that

lacks all but the most attenuated guilty
intent (mens rea), recklessness.

ANALYSIS
Most societies consider murder to be a
very serious crime thus believe that the
person charged should receive harsh
punishments for the purposes of
retribution, deterrence, rehabilitation, or
incapacitation. In most countries, a
person convicted of murder generally
faces a long-term prison sentence,
possibly a life sentence where permitted.
In Australia, penalties evident in the

Crimes Act 1904, a person who commits

murder is liable to imprisonment for life. A
life sentence is mandatory for those who
are found guilty of murdering a police
officer. Alternatively, those found guilty of
manslaughter can be incarcerated for up
to 25 years. In other countries, where
capital punishment exists, the death
penalty may be imposed for such an act;
however, this practice now less common.

THE ELEMENTS OF
MURDER
1.
2.

The victim died;

The act or omission of the accused

caused the death of the victim;

3.
The act of the accused was without
lawful cause or excuse; and
4.
The act or omission causing death
was done by the accused:
5.
with the intention to kill or do
grievous bodily harm to some person;

6.

foreseeing that it was probable that

the death of a person would result

from the act or omission

TYPES OF MURDER
Murder is typically broken down further
into two categories:

1.First-Degree Murder
2.Second Degree Murder

First-Degree Murder: First-degree murder,

most serious of all homicide charges, is
reserved for situations where the person
accused of the homicide planned the

killing and intended for the victim to die

because of his or her actions.

Second-Degree Murder: Second-degree

murder is a charge reserved for cases
where it cannot be proved that the killer
planned the killing but where the killer
still intended that the victim die because
of her or her actions.

PUNISHMENTS

1. Involuntary manslaughter :- Fine or up to 8

years imprisonment
2 .Voluntary manslaughter :- Fine or up to 15
years imprisonment
3. Second degree murder :- Term of years to life
4. First degree murder :- Life imprisonment or
death sentence

EXCLUSIONS
Although laws vary by country, there are
circumstances of exclusion that are
common in many legal systems.

1.

Killing of enemy combatants who

have

not

combatants,

surrendered
in

by

accordance

lawful
with

lawful orders in war, is also generally

not considered murder; although illicit
killings within a war may constitute

murder or homicidal war crimes. (see

the Laws of war article)
2.

Self-defence: acting in self-defence

or in defence of another person is

generally

accepted

as

legal

justification for killing a person in

situations that would otherwise have
been murder. However, a self-defence
killing

might

be

considered

manslaughter if the killer established

control of the situation before the
killing took place. In the case of selfdefence it is called a "justifiable
homicide".[20]

3.Unlawful killings without

malice or intent are considered
manslaughter.
4.In many common law
countries, provocation is a partial
defence to a charge of murder
which acts by converting what
would otherwise have been murder
into manslaughter (this is voluntary
manslaughter,
severe

which

than

is

more

involuntary

manslaughter).
5.Accidental killings are
considered

homicides.Depending

on the circumstances, these may or

may not be considered criminal

offenses; they are often considered

manslaughter.
6.Suicide does not constitute
murder in most societies. Assisting
a

suicide,

considered

however,
murder

may
in

circumstances.

DEFENCES
1.Diminished respomsibility :-

be

some

(a)The defence is that the killer was suffering

from an abnormality of the mind at the time
of the crime that impaired the mental
responsibility for committing the act or
omission.
(b)If accepted, the conviction would be for
manslaughter.
2. Provocation :(a) A defendant must show that the actions
and behaviour of the dead person was such
that any reasonable person would lose
control of the mind, and that the loss of selfcontrol was sudden and temporary.If
accepted, the conviction would be for
manslaughter.

(b)This defence is not available to a

defendant who has time to think and reflect
before committing the murder.

3.Suicide :(a)"Suicide pact" means a common agreement

between two or more persons for them all to die.
It does not make any difference whether they take
their own life, or kill each other.
(b)There must be a settled intention by each party
to die in pursuance of the pact.
(c)Suicide is no longer an offence of self-murder
at common law, since the Suicide Act 1961.
(d)Where a person, acting in pursuance of a
suicide pact between himself and another, kills

the other or is a party to the other being killed by

a third party, he is guilty of manslaughter.
(e)Needless to say, this is only relevant if one or
more of the parties survives the suicide pact.

CASE LAWS
1.

Mansoor Alam v. State of Utar Pradesh

& ANR

[Criminal Appeal No. 91 of 2015 arising out of

SLP (CRL) no. 9247 or 2013]

2.

Ahmed Shah & ANR. v. State of

Rajhasthan

[Criminal Appeal no. 17/2009]

3.Rajan Case
4. Kehar SinghVsDelhi
Administration1984

CONCLUSIONS
Finally , we can conclude that Murder
is the unlawful killing of another
human being without justification or
valid excuse, especially the unlawful
killing of another human being with
malice aforethought. This state of

mind may, depending upon the

jurisdiction, distinguish murder from
other forms of unlawful homicide,
such as manslaughter. Manslaughter
is a killing committed in the absence
of malice, brought about by
reasonable provocation, or diminished
capacity. Involuntary manslaughter,
where it is recognized, is a killing that
lacks all but the most attenuated
guilty intent (mens rea), recklessness.
Most societies consider murder to be
a very serious crime thus believe that
the person charged should receive
harsh punishments for the purposes
of retribution, deterrence,
rehabilitation, or incapacitation. In

most countries, a person convicted of

murder generally faces a long-term
prison sentence, possibly a life
sentence where permitted

REFERENCES
1. Indiankanoon.org
2. ALT ( Andra Law Times)
3. indiatoday.in
4.Wiki Encyclopedia
5. www.legalserviceindia.com