IPC Section 302 Punishment for murder- Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine. There are two types of punishment for death namely;
(1) Death Sentence/ Capital punishment and fine, or
(2) Imprisonment for life, and fine. If a Court of Session awards rigorous imprisonment for ten years to a person whose age was 70 years and he was also disabled, such punishment is unlawful because punishment for murder can be either Capital punishment or imprisonment for life. There is no provision for awarding punishment for ten years.
Bachan Singh v. State of Punjab (9 May, 1980) – In this case Supreme Court said that death sentence can be imposed only in the ‘rarest of the rare’ cases. Capital punishment from Indian Society cannot be abolished. Life imprisonment is rule while death sentence is an exception.
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