Understanding Section 302 of the Indian Penal Code
The IPC, or the Indian Penal Code, is a complex system of rules and regulations that seek to give justice to individuals. Among all the provisions section 302 introduces the punishment for murder cases. This is the most disturbing crime of the society and the judgement of the court can take this as a “Hang Till Death” sentence. The role of a lawyer in this section is vital to give the proper justice to the victims’ families. In this blog, we will explore the Section 302 and its details.
What is Section 302 of the Indian Penal Code
Section 302 introduces the punishment for murder. This section states that the accused will sentenced to death, or life imprisonment, and also need to pay a fine to the victim’s family. The government also charges in between the cases and they can also pay some compensation to the families. The term “Murder” comes under section 300 and the punishment comes under section 302. The murder of the individuals must meet certain conditions of Section 300 and the accused needs a clear intention of murder, whether it is directly or indirectly.
The role of a lawyer takes a great place in this section. The punishment of the accused needs documents, witnesses, and visual representations to prove the case in court. Sometimes an individual can get into a case where they have not committed the crime. The lawyer’s expertise and knowledge can get that victim out of the case. This is a non-bailable offence and the lawyer will make sure that the victim is not getting any pressure to commit the crime. The lawyers also negotiate the payable fine to the victim’s families from the government or the accused person. The role of a lawyer is vital in this section.
Punishment Under Section 302
Section 302 when applied to some individuals will be punished according to the crime’s depth. These punishments include:
Death Penalty: The death penalty is reserved for the “rarest of rare” cases as per judicial precedent. The lawyers can make sure that the victim gets the proper justice by representing all the evidence. The death penalty provision takes place when the murder is affecting the morality of society.
Life Imprisonment: Life imprisonment is the must-have punishment for individuals. This is a default punishment where the death penalty is deemed inappropriate. This life imprisonment can be dissolved while the prisoner’s behaviour is good in the imprisonment time.
Fine: Fine is an addition to the punishment. The punishment could be anything and the accused also needs to pay the amount according to the order.