Death Penalty In India: A Critical Analysis Of The “Rarest Of Rare” Principle
Ms. Anagha More, LLM, Shri. Navalmal Firodia Law College, Pune
ABSTRACT
Death is a punishment that cannot be taken back, making the decision to impose it one of the most serious decisions in the criminal justice system. In India, death penalty is legally allowed but is restricted to the “rarest of rare” cases. The rarest of rare principle developed as a safeguard against the unnecessary and unfair use of death penalty. Over the years, Indian courts have held that death penalty should be an exceptional punishment and that life imprisonment should normally be preferred. The rarest of rare principle continues to guide Indian courts while deciding whether a case deserves death penalty or a lesser punishment. The nature of the crime, the background of the offender, factors that may reduce the punishment and the possibility of reform and rehabilitation are considered while deciding the sentence. The principle requires the court to look not only at how serious the crime is but also at the person who committed it. It tries to maintain a balance between justice for the victim, the rights of the accused, the safety of society and the possibility of reforming the offender. The rarest of rare principle aims to prevent unfair use of the death penalty, but its application involves wide judicial discretion. Differences in how aggravating, mitigating and reformative factors are considered may lead to inconsistency in sentencing. The application of a clearer and more consistent sentencing approach, with greater consideration of reformation and rehabilitation, will lead to fairer and more consistent decisions in death penalty cases, whereas continued reliance on broad judicial discretion will result in greater variation in sentencing. The sentencing process can follow clearer guidelines, with proper reasons for giving importance to factors in favour of or against the offender. Greater importance can also be given to reform and rehabilitation. To examine the development and application of the rarest of rare principle in India. To understand the role of factors in favour of and against the offender in death penalty cases. To examine whether death penalty decisions are fair and consistent. To study the importance given to reform and rehabilitation.
Keywords: Death Penalty, Rarest of Rare, Capital Punishment, Judicial Discretion, Aggravating Circumstances, Mitigating Circumstances, Reformation, Rehabilitation, Sentencing, India.
