The Rarest Of Rare Doctrine: Evolution, Challenges, And Future Prospects
- IJLLR Journal
- May 22
- 2 min read
Aditi Tiwari, Chanakya National Law University
The "rarest of rare" doctrine is an Indian legal doctrine, according to which the death penalty can only be awarded in the most egregious and extreme of cases. In this doctrine, capital punishment is an extraordinary recourse, reserved only for situations in which the seriousness of the crime is so outrageous that a life term would fall short of meeting the demands of justice or of deterrence to society.
While the application of capital punishment in India remains marked by a certain level of subjective interpretation, it's worth noting that 104 countries have entirely abolished the death penalty, and 29 others have not carried out any executions in the past decade, effectively abandoning it in practice. Indian laws do not present a consistent stance on the issue—neither do they universally ban it, nor do they mandate its imposition uniformly. The judicial principle of the "rarest of rare" doctrine plays a central role in determining when the death sentence may be applied. This doctrine is essentially split into two categories: aggravating and mitigating factors. When aggravating circumstances are found, a judge may exercise discretion to impose the death sentence. On the other hand, if mitigating circumstances are present, the courts are generally inclined to avoid capital punishment, unless the case is exceptionally heinous. There is no rigid formula that can be applied across all cases under this doctrine.
In criminal trials, two key aspects are considered: the nature of the crime and its gravity. These elements guide the court in deciding the appropriate punishment. A prominent historical instance that illustrates the "rarest of rare" doctrine is the assassination of Mahatma Gandhi by Nathuram Godse in the case of The case of Nathuram Godse v Crown (Assassination of Mahatma Gandhi). The incident occurred on January 30, 1948, during a prayer meeting at Birla House in Delhi. After a prolonged trial, Justice Amarnath sentenced Godse to death—a decision later affirmed by a unanimous bench of three judges of the Punjab High Court.
