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UPSC » Daily News Analysis ‘Evolution of ‘Rarest of Rare’ Doctrine in Death Penalty Cases ‘: 19 February

Daily News Analysis ‘Evolution of ‘Rarest of Rare’ Doctrine in Death Penalty Cases ‘: 19 February

Table of Content

Key Points:

  • Death penalty (capital punishment) is the execution of a person by the state as punishment for a crime.
  • In India, it is awarded for ‘rarest of rare’ cases under Section 302 of the Indian Penal Code (IPC).

Timeline of the ‘Rarest of Rare’ Doctrine:

  • 1972 – Jagmohan Singh vs. State of U.P.
      • The petitioner argued that the death sentence lacks clear guidelines, leading to judicial discretion in awarding death or life imprisonment.
      • The Supreme Court ruled:
        • The Supreme Court upheld the constitutionality of the death penalty under Article 21 (Right to Life with due process).
        • The accused is aware of the possibility of a death sentence. Judges consider all relevant facts and mitigating circumstances during the trial.
      • However, no clear guidelines were provided, leaving judges with wide discretion.
  • 1980 – Bachan Singh vs. State of Punjab
      • The Supreme Court introduced the ‘rarest of rare’ doctrine. However, the judgment did not clearly define ‘rarest of rare’, causing ambiguity.
      • Held that the death penalty should be imposed only in exceptional cases.
  • 1983 – Machhi Singh vs. State of Punjab
      • The Supreme Court provided a clear framework for the ‘rarest of rare’ doctrine.
      • Identified five categories where the death penalty may be justified:
        • Manner of committing the murder – Extreme brutality causing public outrage.
        • The motive of the murder – Reflecting total depravity.
        • Socially abhorrent nature – Murders targeting minorities or vulnerable groups.
        • The magnitude of the crime – Mass murders, multiple victims.
        • Personality of the offender – If the victim is a child, helpless woman, elderly, etc.
  • 1983 – Mithu vs. State of Punjab
      • The Supreme Court struck down Section 303 of the Indian Penal Code (IPC). Section 303 mandated the death penalty for those committing murder while serving a life sentence.
      • The court ruled it unconstitutional, as it violated:
        • Article 14 (Right to Equality).
        • Article 21 (Right to Life and Personal Liberty).
      • Clarified that all murder cases would be governed by Section 302 of IPC, allowing discretion between the death penalty or life imprisonment.
  • 2022 – Supreme Court Review on Mitigating Circumstances
    • The Supreme Court referred the issue to a Constitution Bench.
    • Focus: How to provide a “meaningful, real, and effective” hearing on mitigating factors before imposing the death penalty.
    • The court may set out a uniform approach ensuring accused persons get an opportunity to present mitigating circumstances during the trial, before classifying their crime as ‘rarest of rare’.

Why in News?

  • In January 2025, two separate murder convictions—the R.G. Kar Medical College case, which resulted in life imprisonment with a fine, and the Sharon murder case, which led to the death penalty—highlighted the inconsistent application of capital punishment in Indian courts.