IPC Sections 302 to 318: Offences Affecting the Human Body

Section 302 IPC - Murder

Meaning: Murder. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Death or imprisonment for life, and fine.

Section 303 IPC - Murder by a person under sentence of imprisonment for life

Meaning: Murder by a person under sentence of imprisonment for life. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: The statutory mandatory death sentence was declared unconstitutional in Mithu v. State of Punjab; murder is punishable under Section 302.

Section 304 Part I IPC - Culpable homicide not amounting to murder, where the act is done with intention

Meaning: Culpable homicide not amounting to murder, where the act is done with intention. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.

Section 304A IPC - Causing death by rash or negligent act not amounting to culpable homicide

Meaning: Causing death by rash or negligent act not amounting to culpable homicide. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 2 years, or fine, or both.

Section 304B IPC - Dowry death

Meaning: Dowry death. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment not less than 7 years, which may extend to imprisonment for life.

Section 305 IPC - Abetment of suicide of child or person of unsound mind, delirious person, idiot or intoxicated person

Meaning: Abetment of suicide of child or person of unsound mind, delirious person, idiot or intoxicated person. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Death, or imprisonment for life, or imprisonment up to 10 years, and fine.

Section 306 IPC - Abetment of suicide

Meaning: Abetment of suicide. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 10 years, and fine.

Section 307 IPC - Attempt to murder

Meaning: Attempt to murder. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 10 years and fine; if hurt is caused, imprisonment for life or the stated punishment. Special statutory consequence applied to a life-convict causing hurt.

Section 308 IPC - Attempt to commit culpable homicide

Meaning: Attempt to commit culpable homicide. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 3 years, or fine, or both; if hurt is caused, imprisonment up to 7 years, or fine, or both.

Section 309 IPC - Attempt to commit suicide

Meaning: Attempt to commit suicide. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: IPC text: simple imprisonment up to 1 year, or fine, or both; subject to Section 115 of the Mental Healthcare Act, 2017.

Section 311 IPC - Being a thug

Meaning: Being a thug. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment for life and fine.

Section 312 IPC - Causing miscarriage

Meaning: Causing miscarriage. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 3 years, or fine, or both; if woman is quick with child, up to 7 years and fine.

Section 313 IPC - Causing miscarriage without woman's consent

Meaning: Causing miscarriage without woman's consent. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.

Section 314 IPC - Death caused by act done with intent to cause miscarriage

Meaning: Death caused by act done with intent to cause miscarriage. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 10 years and fine; if done without woman's consent, imprisonment for life or the stated punishment.

Section 315 IPC - Act done with intent to prevent child being born alive or to cause it to die after birth

Meaning: Act done with intent to prevent child being born alive or to cause it to die after birth. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 10 years, or fine, or both, unless the act is done in good faith to save the mother's life.

Section 316 IPC - Causing death of quick unborn child by act amounting to culpable homicide

Meaning: Causing death of quick unborn child by act amounting to culpable homicide. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 10 years and fine.

Section 317 IPC - Exposure and abandonment of child under 12 years by parent or person having care of it

Meaning: Exposure and abandonment of child under 12 years by parent or person having care of it. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 7 years, or fine, or both.

Section 318 IPC - Concealment of birth by secret disposal of dead body

Meaning: Concealment of birth by secret disposal of dead body. The provision must be read with the general definitions, exceptions and related provisions of the Indian Penal Code, 1860, and the facts proved in each case.

Punishment: Imprisonment up to 2 years, or fine, or both.

Important legal qualifications

Section 303: Although the text of Section 303 prescribed mandatory death for murder committed by a person under a sentence of life imprisonment, the Supreme Court in Mithu v. State of Punjab struck down that mandatory sentencing provision as unconstitutional. Such murder is therefore dealt with under the ordinary murder provision and sentencing framework.

Section 309 and Mental Healthcare Act, 2017: Section 115 of the Mental Healthcare Act, 2017 operates notwithstanding Section 309 IPC. A person who attempts suicide is presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under Section 309; the appropriate Government also has a statutory duty to provide care, treatment and rehabilitation to reduce the risk of recurrence.

Sections 312 to 316: These IPC provisions concerning miscarriage and unborn children must be read with their statutory exceptions and with other applicable legislation. Section 312 itself excludes miscarriage caused in good faith for the purpose of saving the woman's life from the offence described there.

Difference between murder, culpable homicide and causing death by negligence

Section 302 supplies the punishment for murder, while Section 304 supplies punishment for culpable homicide not amounting to murder. Section 304A addresses causing death by a rash or negligent act where the case does not amount to culpable homicide. The required intention, knowledge and degree of culpability therefore differ, and the appropriate section depends on the proved facts rather than merely on the fact that death occurred.

Attempt and abetment provisions

Sections 305 and 306 deal with abetment of suicide, with Section 305 applying to specified vulnerable persons. Sections 307 and 308 concern attempts: Section 307 addresses an act done with the intention or knowledge and circumstances associated with murder, while Section 308 concerns an act which, if death resulted, would amount to culpable homicide not amounting to murder.

Reference note

The classification table is a practical guide to the pre-BNS IPC/CrPC framework and should be read with the statutory text, applicable amendments, judicial decisions and the facts of the case. For proceedings relating to offences committed after the commencement of the new criminal laws, consult the applicable Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita provisions.