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Doctrine of ‘Rarest of Rare’ in Capital Punishment
Context:
Recently, two separate murder convictions resulted in sharply contrasting verdicts, highlighting how the Indian courts apply the death penalty. While one case led to capital punishment, the other saw the accused sentenced to life imprisonment, reigniting questions about the judiciary’s approach to the ‘rarest of rare’ doctrine, which till now does not have a statutory definition.
About Rarest of Rare Doctrine:
- The ‘Rarest of Rare’ doctrine guides courts in awarding the death penalty.
- Established in Bachan Singh v. State of Punjab (1980) to ensure exceptional use of capital punishment.
- The doctrine lacks a statutory definition, leading to judicial discretion.
Judicial Evolution of the Doctrine
- Jagmohan Singh v. State of U.P. (1973): Upheld the constitutional validity of the death penalty.
- Bachan Singh v. State of Punjab (1980): Introduced the ‘Rarest of Rare’ principle.
- Machhi Singh v. State of Punjab (1983): Defined criteria for applying the doctrine.
- Mithu v. State of Punjab (1983): Struck down the mandatory death penalty under Section 303 IPC.
- Kehar Singh v. Delhi Administration (1988): Execution upheld for Indira Gandhi’s assassins.
- Recent Development (2022): Supreme Court referred the issue to a Constitution Bench for meaningful hearing on mitigating factors.
Constitutional and Legal Framework
- Article 21: Right to life except by procedure established by law.
- Articles 72 & 161: Powers of the President and Governors to grant pardons.
- Indian Penal Code (IPC): Sections 302 (murder), 376A (rape and murder), and other provisions allow the death penalty.
Framework for ‘Rarest of Rare’ Cases
Criteria Laid Down in Machhi Singh v. State of Punjab (1983)
- Manner of Commission: Heinous, brutal, or grotesque crimes. Example: Burning alive, brutal mutilation.
- Motive of Murder: Extreme depravity or greed. Example: Contract killing, political motives.
- Socially Abhorrent Nature: Crimes that shock societal conscience. Example: Dowry deaths, caste-based killings.
- Magnitude of the Crime: Multiple murders or mass killings. Example: Serial killings, terrorism-related offenses.
- Victim’s Vulnerability: If the victim is helpless. Example: Children, elderly, or disabled individuals.
Application of the Doctrine in Recent Cases
- R.G. Kar Medical College Case (2024): Rape and murder; life imprisonment awarded instead of the death penalty.
- Sharon Raj Murder Case (2022): Premeditated poisoning; death penalty awarded.
- Nirbhaya Case (2012): Brutal gang rape and murder; execution of four convicts.
- Yakub Memon (1993 Mumbai Blasts): Executed due to large-scale loss of life.
- Dhananjoy Chatterjee (2004): First execution post-2000 for rape and murder.
Arguments For and Against Capital Punishment
- Arguments in Favor
- Deterrence: Instills fear and prevents heinous crimes.
- Retribution: Ensures justice for victims and their families.
- Public Sentiment: Societal outrage in brutal crimes demands strict punishment.
- Arguments Against
- Possibility of Miscarriage of Justice: Risk of wrongful conviction.
- Ineffectiveness in Deterrence: No empirical proof of crime reduction.
- Human Rights Concerns: Against global abolitionist trends.
Global Perspective on Capital Punishment
- Abolitionist Trend: Over 70% of countries have abolished the death penalty.
- ICCPR Article 6: Restricts the death penalty to “most serious crimes.”
- India’s Stance: Retains the death penalty but applies it restrictively.
