What is the ‘Rarest of Rare’ Doctrine? | Explained

The ‘Rarest of Rare’ doctrine is a legal principle in Indian criminal law that limits the imposition of the death penalty to only the most heinous and exceptional cases. Established by the Supreme Court in Bachan Singh v. State of Punjab (1980), this doctrine aims to ensure that capital punishment is awarded only when the crime shocks the collective conscience of society. Courts must weigh aggravating factors (e.g., premeditation, brutality) and mitigating factors (e.g., mental health, age) before imposing the death sentence.

Sentence in the R.G. Kar Medical College and Sharon Murder Cases

R.G. Kar Medical College Case: The accused in this case, which involved heinous crimes on the premises of R.G. Kar Medical College in Kolkata, was sentenced to the death penalty. The court cited the extreme brutality of the crime and its societal impact as reasons for meeting the ‘rarest of rare’ threshold.

Sharon Murder Case: In the Sharon murder case, where the accused poisoned a young woman for personal gain, the court imposed a sentence of life imprisonment. Despite the premeditation, the absence of extreme brutality and the presence of mitigating factors led the court to choose life imprisonment over capital punishment.

Key Differences Between the Two Cases

• Nature of Crime: The R.G. Kar case involved extreme violence and cruelty, while the Sharon case involved poisoning, a less violent method.
• Mitigating Factors: The Sharon case had more mitigating circumstances, such as the accused’s background, which influenced the court’s decision.

Is the Death Penalty Constitutionally Valid?

Yes, the death penalty is constitutionally valid in India. In Bachan Singh v. State of Punjab (1980), the Supreme Court upheld its validity under Article 21 (Right to Life), provided it is awarded only in ‘rarest of rare’ cases with strict procedural safeguards to prevent arbitrariness.

Circumstances for Imposing the Death Penalty

The death sentence may be imposed under the following conditions:

1. Premeditation and Extreme Brutality: Crimes involving premeditated and heinous acts, such as terrorism or mass killings.
2. Impact on Society: Crimes that shock the collective conscience or threaten social order.
3. Vulnerability of Victims: Crimes against vulnerable groups like children or women may warrant the death penalty.

Role of Judicial Discretion

Judicial discretion is crucial in determining whether the death penalty is appropriate. Judges must balance aggravating and mitigating factors to ensure a fair outcome. This discretion ensures that capital punishment is not imposed arbitrarily and is reserved for truly exceptional cases.

Conclusion

The ‘Rarest of Rare’ doctrine ensures that the death penalty is used sparingly and judiciously. While constitutionally valid, it is applied with caution to ensure justice is served without undermining the value of human life.