
Rarest of Rare Doctrine
About
The "Rarest of Rare" doctrine is a legal principle used by Indian courts to determine when the death penalty should be awarded. It was first established in the landmark Supreme Court case Bachan Singh v. State of Punjab (1980) and has since guided capital punishment decisions in India.
Key Aspects of the Doctrine
- Death Penalty as an Exception:
- The default punishment for murder is life imprisonment (Section 302, IPC).
- The death penalty is awarded only in the "rarest of rare" cases, when alternative punishments are inadequate.
- Guiding Principles (Bachan Singh Case, 1980):
- The crime must be extremely brutal, heinous, and shock society's conscience.
- The punishment should be justified only when the offender poses a grave threat to society.
- Mitigating factors (like age, mental state, lack of prior criminal record) must be considered before awarding the death penalty.
- Further Clarifications (Macchi Singh v. State of Punjab, 1983):
- The Supreme Court laid down five categories where the death penalty may be justified:
- Manner of commission (extreme brutality, inhuman acts).
- Motive (socially unacceptable reasons, such as political assassinations).
- Anti-social nature of the crime (mass murders, terrorism, honor killings).
- Magnitude of the crime (multiple murders, killing of vulnerable persons like children or pregnant women).
- Personality of the victim (murder of a public servant on duty).
- The Supreme Court laid down five categories where the death penalty may be justified:
Notable Cases Under the Doctrine
- Dhananjoy Chatterjee v. State of West Bengal (1994)
- Convicted for rape and murder of a minor girl, leading to his execution in 2004.
- Ajmal Kasab (2012)
- The sole surviving terrorist of the 26/11 Mumbai attacks was sentenced to death.
- Nirbhaya Gang Rape Case (2020)
- Four convicts were executed for brutal gang rape and murder.
- Yakub Memon (2015)
- Executed for his role in the 1993 Mumbai bomb blasts.
Criticism of the Doctrine
- Subjective Interpretation: Courts have inconsistent views on what qualifies as "rarest of rare."
- Risk of Miscarriage of Justice: Errors in judgment may lead to wrongful executions.
- Human Rights Concerns: Critics argue the death penalty is inhumane and irreversible.
- Alternatives Suggested: Many advocate for life imprisonment without parole instead of capital punishment.
Conclusion
The "Rarest of Rare" doctrine seeks to balance justice, deterrence, and human rights. While it has helped restrict the death penalty to the most heinous crimes, debates over its ethical and practical application continue in India.
-- Daily News Section Compiled
By Vishwas Nimbalkar