Death Penalty In India: ‘Rarest Of Rare’ Doctrine - Consistency Or Confusion?
- IJLLR Journal
- Mar 29
- 1 min read
MD Ashraf, B.A. LL.B., Amity Law School, Noida
ABSTRACT
The article researches and discusses various philosophical/theoretical as well as legal foundations that together form/develop the death penalty in India and specifically focuses on how the Supreme Court has incorporated the concept of ‘rarest of rare’ as a benchmark for finding cases appropriate for capital punishment. Intended to be used to limit use of the death penalty to an exceptional situation, the use of the term has received much criticism for many different reasons, including lack of consistency and clarity in application.
This document considers the four main philosophical theories of punishment (retributive, deterrent, reformative, and dignity) and analyses how each of these competing principles relate to how capital sentencing will take place in the context of India.
The conclusion of the study is that death penalty jurisprudence in India demonstrates/represents a pluralistic philosophy; an attempt to find a balance between proportionality, deterrence, reform, and human dignity, but the result of this balancing has created a degree of uncertainty in respect to the outcomes of sentences imposed for death penalty convictions. By examining the leading judicial decisions and reviewing the various theories that exist, the article contrasts the ‘rarest of rare’ principle and questions the existence of an adequate mechanism for ensuring certainty, fairness, and constitutional validity to the imposition of a sentence of death in India.
Keywords: Death penalty, rarest of rare, capital punishment, sentencing, proportionality, India.
