Test to understand Doctrine of Rarest of Rare Case and leading judgments on the said Doctrine.
Introduction :
The capital punishment in India is governed by the Doctrine of the Rarest of Rare cases .This death penalty is one of the harshest punishments that are provided under the IPC/BNS (Criminal Laws) which includes capital punishment to the accused for his wrongdoing.
The question arises here is, whether a state has right to take a life of a person , however he cross the any limit of baroness.
The Rarest of Rare Doctrine:
In 1980 , in the Bachan Singh v. State of Punjab case the apex court proposed the rarest of rare Doctrine and since then life imprisonment is the rule and death penalty is the exception and as in India death penalty is awarded only in the gravest of cases.
In the Machhi Singh case, the court laid down certain criteria for assessing when a case could fall within a purview of rarest to rarest
The test to understand rarest of rare case are:
- Manner in which murder is committed – when the murder is committed in an extremely cruel, ridiculous, diabolical, rebellious or reprehensible
- Motive behind the Murder – When a murder is intended to be a total depravity and cruelty.
- The magnitude of the crime – when the proportion of crime is very high, for example, in cases of multiple murders.
- Personality of the Victim – The victims personality is a key consideration especially when the Victim is an innocent child, a helpless woman , an elderly or infirm person or a public figure.
Scope of the “Rarest of Rare” Doctrine:
The doctrine of “rarest of rare” cases establishes a strictly limited framework for imposition of the death penalty in India, ensuring that capital punishment is awarded only in the most exeptional and the most egregious crimes. Here are the key aspects of its scope:
1. Criteria for Determining “Rarest of Rare”
- Extreme Brutality: Crime characterized by exeptional cruelty, inhuman conduct or acts of extreme violence and torture, reflecting a complete disregard for human dignity.
- Societal Impact: Offence’s that are so shocking and abhorrent that they outrage the collective conscience of society.
- Vulnerability of Victims: Crimes against vulnerable groups, such as children or the elderly.
2. Judicial Interpretation: Judges are tasked with interpreting what constitutes “rarest of rare,” often relying on precedents and societal values and detailed analysis of the circumstances , motives, and aftermath of the crime.
3. Life Imprisonment as Default: The doctrine underscores that the life imprisonment is the norm, while the death penalty is to be imposed as an exceptional measure.
4. Rehabilitation and Reform: While deciding on punishments, courts decide whether the offender can be rehabiliated or can be reformed, taking into consideration their mental health, social circumstances and economic status.
6. Appeal and Review Process: The rarest of rare principle ensures that higher courts closely examines death penalty cases during appeals, guarenteeing that such punishments are fair, proportionate and non arbitrary.
Conclusion
The scope of the “rarest of rare” case doctrine is designed to limit the death penalty’s application, ensuring it aligns with both legal standards and ethical considerations. Its careful implementation seeks to uphold justice while recognising the gravity of taking a life.
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