‘Rarest of rare’ Doctrine

As per the recent two murder cases, with contrasting verdicts—one life imprisonment, the other death penalty—sparked debate on the ‘rarest of rare’ doctrine in India.

• About the Concept of ‘Rarest of Rare’ Doctrine: Established in Bachan Singh vs. State of Punjab (1980), states that the death penalty should be awarded only in exceptional cases.

o Machhi Singh vs. State of Punjab (1983) provided a framework for determining such cases.

• Five criteria were identified:

o Manner of committing the murder – If it is extremely brutal and heinous.

o Motive of the murder – If it shows total depravity.

o Socially abhorrent nature – If the victim belongs to a minority community or the crime provokes social outrage.

o Magnitude of the crime – If the scale is large and horrifying.

o Personality of the victim – If the victim is a child, helpless woman, or elderly person.

• Related Cases: Kolkata R.G. Kar Medical College Case (2024) - Not qualified as ‘rarest of rare’.

o Sharon Raj Murder Case (2022) - Classified as ‘rarest of rare’.

• Origins & Evolution of the Doctrine: Jagmohan Singh vs. State of U.P. (1972), Mithu vs. State of Punjab (1983) , & Supreme Court Review (2022)