Penal Code Section 302 Details: Bailable/Non-bailable, Cognizable/Non-cognizable

A) Details: Section 302 of the Bangladesh Penal Code (Act XLV of 1860) deals with the offence of murder.

B) Punishment: Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

C) Bailable or Non-bailable: This offence is non-bailable.

D) Cognizable or non-cognizable offense: This offence is cognizable, meaning the police may arrest without a warrant.

E) Offence ingredients: The essential ingredients of the offence of murder under Section 302 are:

1. Causing death of a person: The accused must have caused the death of a person.
2. The act must be with the intention of causing death: The accused must have caused the death with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death.
3. The act must be done with knowledge that it is likely to cause death: Alternatively, the accused must have done the act with the knowledge that it is likely to cause death.

F) What Needs to be Proved: To establish the offence of murder under Section 302, the prosecution must prove beyond a reasonable doubt that the accused caused the death of the victim with the intention of causing death or with knowledge that the act is likely to cause death.

F) Defence: The accused may defend himself by showing that the act was done in self-defence, in defence of property or person, or in the exercise of the right of private defence.

G) Top Case Laws:

1. State v. Nur Mohammad (2016): In this case, the accused was convicted for murder under Section 302 of the Penal Code for causing the death of a woman by hitting her with a brick. The Court upheld the conviction and awarded the death penalty to the accused.
2. State v. Abul Hossain (2012): In this case, the accused was charged with murder under Section 302 of the Penal Code for causing the death of a person by stabbing him. The Court found the accused guilty and sentenced him to death.
3. State v. Sadek Ali (2011): In this case, the accused was charged with murder under Section 302 of the Penal Code for causing the death of a person by shooting him. The Court found the accused guilty and sentenced him to death.
4. State v. Pasharul Islam (2010): In this case, the accused was charged with murder under Section 302 of the Penal Code for causing the death of a person by hitting him with a bamboo stick. The Court found the accused guilty and sentenced him to death.
5. State v. Mosharraf Hossain (2009): In this case, the accused was charged with murder under Section 302 of the Penal Code for causing the death of a person by strangulation. The Court found the accused guilty and sentenced him to death.

H) References: Bangladesh Penal Code (Act XLV of 1860); relevant case law.