Murder carries the heaviest punishment known to Indian criminal law. This page explains Section 302 IPC — now Section 103 of the Bharatiya Nyaya Sanhita — and how a murder case travels through the courts. The chamber's defence work in such cases is described on the murder defence page.
The Provision and Punishment
Whoever commits murder is punished with death or imprisonment for life, and is also liable to fine. For offences committed before 1 July 2024 the charge is framed under Section 302 IPC; for later offences, under Section 103 BNS. Murder is defined with reference to culpable homicide — Section 300 IPC and the corresponding BNS provision — and the distinction between murder and culpable homicide not amounting to murder (Section 304 IPC, now Section 105 BNS) is often the central battleground of the trial.
The Sessions Trial Process
The offence is cognizable, non-bailable and triable exclusively by the Court of Session. The usual course in Delhi is:
- FIR, arrest and police remand or judicial custody;
- Investigation — post-mortem, forensic reports, seizure of weapon, witness statements;
- Chargesheet before the Magistrate, followed by committal of the case to the Court of Session;
- Framing of charge, or discharge if the material does not disclose the offence;
- Prosecution evidence and cross-examination, examination of the accused, defence evidence;
- Final arguments, judgment, and hearing on sentence if there is a conviction.
Bail in Murder Cases
Bail is decided by the Sessions Court or the High Court under Section 439 CrPC, now Section 483 BNSS. Courts weigh the nature of the accusation, the role attributed to the applicant, the evidence collected, the risk of absconding or tampering with witnesses, and the period already spent in custody. Prolonged trials and parity with co-accused already on bail are recognised considerations; a detailed note on bail law is available separately.
Appeals
A conviction by the Court of Session is appealable to the High Court of Delhi, and thereafter to the Supreme Court of India. A sentence of death cannot be executed unless confirmed by the High Court, which re-examines the entire record. The State may likewise appeal against acquittal. Advocate Manish Jha, with over 15 years of practice, appears in murder trials and appeals before the Delhi District Courts, the High Court of Delhi and the Supreme Court of India.
Frequently Asked Questions
What is the punishment for murder under Indian law?
Death or imprisonment for life, together with liability to fine. For offences committed before 1 July 2024 the charge is under Section 302 IPC; for offences on or after that date, under Section 103 BNS. The death penalty is reserved for the rarest of rare cases, and every death sentence requires confirmation by the High Court before it can be executed.
Which court tries a murder case in Delhi?
Murder is triable exclusively by the Court of Session. The FIR district determines which of Delhi's six district court complexes hears the case: the chargesheet is filed before the jurisdictional Magistrate, who commits the case to the Sessions Court, where charge is framed and the trial conducted. Appeals from conviction or acquittal lie to the High Court of Delhi.
Is bail possible in a murder case?
Yes, though it is granted sparingly. The Sessions Court and High Court consider the role attributed to the applicant, the strength of the material, the risk of flight or tampering with evidence, custodial duration and parity with co-accused. Bail is more readily considered where the trial is protracted or the applicant's role is peripheral rather than direct.
What happens after a conviction under Section 302 / 103 BNS?
The convict has a statutory right of appeal to the High Court of Delhi, which can re-appreciate the entire evidence, and a further appeal may lie to the Supreme Court of India. Pending appeal, the High Court can suspend the sentence in appropriate cases. If the sentence is death, the High Court must independently confirm it before execution.