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Jul 18, 20233 min read

Is Killing My Deadly Husband A Punishable Offense By Indian Law?

The punishment for those found guilty of murder is discussed in Section 302 of the Indian Penal Code. This portion will be utilised to try the defendant. If the accused is found guilty of the offense at the conclusion of the case, he is sentenced in accordance with Section 302. According to this Section, a murderer will get a fine and either a life sentence in jail or the death penalty, depending on how heinous the crime was. In situations involving murder, the accused's purpose and motivation are crucial considerations.


Murder requires certain elements.

  • Intention: The intent to kill ought to be present. Example: With the aim to kill, "A" struck "B" in the stomach with a sharp knife. Therefore, "B" passed away, and "A" committed the homicide.

  • Death by cause: The deed must be carried out knowing that it may or is likely to result in another person's death. Example: In this case, 'X' knew that pushing 'Y' from a tall building's roof would probably result in 'Y's death. Thus, "Y" passed away, and "X" was responsible for the crime.

  • Physical harm: It must be the purpose to harm another person in a way that would likely result in death. As in the example, "P" saw that "Q" had already suffered harm from falling off his bike. With the purpose to inflict physical harm that would probably result in death, "P" struck "Q" over the head with a rod. So, 'Q' passed away, and 'P' committed the murder.

Section 302's reach

Under Section 302, the Indian Penal Code, murder is punishable. According to Section 302, those who commit murder are sentenced to: The criminal will be required to pay a fee in addition to facing death or life in jail. The crime is not subject to a bail requirement and can be tried in the Court of Sessions.

Penalties under Section 302 IPC

  1. Death Sentence: When someone is found guilty of murdering another person, they are given the death penalty, often known as the capital punishment. It is a legal process whereby a person is executed by the government as retribution for a terrible act like murder. Giving such a severe punishment is done mostly to prevent the offender from committing the same act again. The "rarest of the rare" crimes in India result in the death sentence.

  2. Life behind bars: Anyone who commits a crime will receive some type of penalty, such as jail. The criminal is taken to jail, where he must serve his time behind bars. Three categories of incarceration are included in the Indian Penal Code's Section 53: simple imprisonment, harsh imprisonment, and solitary confinement. Life in jail entails the culprit being locked up for the remainder of his natural life.

  3. Fine: A murderer is subject to a fine in addition to the death penalty or life in prison, according to Section 302 of the Indian Penal Code. The court has discretion over how much of a fine to impose on the defendant. The severity of the offense has a direct impact on the sum that must be paid. Minor offenses like fraud, gambling, embezzlement, etc. can also result in a fine as punishment. Therefore, based on the seriousness of the act committed, the court determines the fine's amount.

Case Laws:

The Supreme Court ruled in Jagmohan Singh v. State of U.P., 1972, that as long as the death sentence is imposed in accordance with the legal process provided by the law, it does not violate Article 21 of the Constitution. Since the death sentence was not excessive, Article 19 was not violated, and the Court may impose the death penalty when offenses are particularly heinous, Article 14 was also not broken.


The Ratio Decidendi of the Bachan Singh case, which was decided in 1980, said that life imprisonment should be regarded as the norm and the death sentence as the exception. The offender's actions, not the crime they committed, must be the basis for the death penalty. This translates to only the "rarest of the rare" situations being eligible for the death penalty.


If the case has been filed in Gurgaon then a criminal lawyer in Gurgaon may be appointed. Likewise, a criminal lawyer in delhi may be hired if the cause of action has occurred in Delhi. If the case has been filed in Ghaziabad then a criminal lawyer in ghaziabad may be consulted.


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