Murder - IPC Section 300

Is IPC Section 300 bailable or non-Bailable?

The offence under section 300 of IPC has been categorized as a non-bailable offence. It is also regarded as a non-compoundable offence.

What is the punishment for an offence under IPC Section 300?

The punishment for IPC 300 is covered under section 302 of IPC.  Section 302 deals with the punishment for murder. According to this Section whoever commits murder is punishable with:

1. Death;

2. Life imprisonment;

3. Imposition of fine.

 How to file/defend your case for IPC 300 offence?

The case under Section 300 will simply be whistled by registering a First Information Report at the nearest police station to the place of occurrence.

How to defend?

When someone is charged with offences u/s 300 IPC or is accused of the provisions u/s 300 IPC, then it is advised that he/she shall hire an expert lawyer who has experience in dealing with criminal cases. Because the offences u/s 300 are cognizable, non-bailable, and also, the punishment u/s 302 extends up to death or imprisonment for a lifetime, accompanied by a fine of a convict.

Charged with a crime is a serious matter, whether major or minor. A person who is facing criminal charges risks serious penalties and consequences. That is why it is important to hire an expert criminal lawyer. A criminal lawyer can help you to understand-

1. The nature of the charges filed

2. Any defenses available

3. What kind of plea bargains are most likely to be offered;

4. What is expected after trial or conviction?

Also, during the trial, an experienced lawyer would strive to defend your case and would for sure benefit you, either by obtaining an acquittal in your favor or by reducing the punishment.

Important judgment

State of Karnataka v. Shariff, AIR 2003 SC1074: According to the Statement of a child witness who was deceased’s son, that his father tied hands and legs of his mother and burnt her cannot be rejected on the basis of the stray statement in cross-examination where he has stated that he was in his grandmother’s house when his mother caught fire, is fairly reliable on the factum of the incident and the same cannot be rejected, held accused was liable.

K.M. Nanavati vs. the State of Maharashtra, 1961 (AIR 1962 SC 605): In this case, the Supreme court had explained the law relating to provocation in India. The court observed that: -

1. The test of “sudden and grave provocation” is whether a reasonable man from the same society as the accused is placed in the circumstances in which the accused was placed would have been so provoked as to lose his/her self-control.

2. Under some circumstances, words and gestures may also lead to sudden and grave provocation to an accused, so as to bring his act under an exception.

3. The mental background of the victim can be taken into consideration and also taking into account his previous act to ascertain whether the subsequent act leads to sudden and grave provocation for committing the offence.

4. The fatal blow should clearly trace the influence of passion that arises from the sudden and grave provocation. It should not be after the provocation has cooled down due to a lapse of time, otherwise, it will provide scope to the accused of altering the evidence.

Rawalpenta Venkalu vs State of Hyderabad AIR 1956 SC 171: Where the accused set fire to the single room hut, in which the deceased was sleeping with the intention of causing the death of the deceased. They also locked the door of the room from outside and also prevented the villagers from going to the rescue of the helpless inmate of the room.

The Supreme Court upheld the decision of the sessions court and held that the intention of the accused to kill the deceased was a clear case of Murder under section 300 and granted the death penalty under section 302.

Selvaraj vs State of Tamil Nadu (1998) 9 SCC 308: In this case, the accused because of some dispute stabbed the victim on his left chest with a knife and brought it downwards. The victim’s intestine came out of the abdomen with bleeding. The supreme court in this case held that the intention to kill the deceased was very clear from the act of the accused and was liable for the offence of murder.

Conclusion – In this blog, we discussed section 300 of the Indian Penal Code, 1860 which deals with “Murder”. It is considered one of the heinous crimes. The act of taking away someone’s life with proper knowledge and intention is punishable with either death or life imprisonment and fine. The Court grants the death penalty only in the rarest situations, where the accused is a threat to society as the Court recognizes the value of life. The Court has the right and power to lower the punishment. killing another person is considered one of the gravest crimes known, with the exception of sedition and treason.