The Rarest Of The Rare Case Doctrine: An Analysis Of Its Evolution And Application

The Rarest Of The Rare Case Doctrine: An Analysis Of Its Evolution And Application In Criminal Sentencing

Reet Parihar, Lovely Professional University

ABSTRACT

The "rarest of the rare" case doctrine is a legal theory that has gained significant attention in criminal law and punishment. It aims to provide a comprehensive understanding of the implications of rarest of the rare situations on sentencing and the legal and ethical issues surrounding it. The Death penalty, also known as capital punishment, has been a subject of intense debate and controversy due to concerns about false convictions and irreversible errors. The doctrine has emerged in multiple legal systems worldwide, influenced by sociological and philosophical influences. The application of the doctrine is often associated with death penalty cases, and the criteria used to determine whether a case qualifies as the "rarest of the rare" are considered. Globally, opinions on the death penalty vary significantly, with the United Nations advocating for its abolition. The legality of the death penalty varies across different regions, with some jurisdictions requiring executions in specific cases, while others grant judges discretion in determining the punishment. Significant cases, such as Bachan Singh v. State of Punjab, Machhi Singh v. State of Punjab, Rajendra Prasad v. State of Uttar Pradesh, Shatrughan Chauhan v. Union of India, and Navneet Kaur v. State of NCT of Delhi, have shaped the application of the doctrine. These cases provide insights into the criteria for determining the "rarest of the rare" cases and the considerations involved in imposing the death penalty. The article also explores key arguments against the death penalty, including deterrence, justice and retribution, the risk of faulty convictions, cost and resource allocation, and human rights concerns. Proponents argue that the death penalty deters crime and provides a just punishment, while opponents raise issues of wrongful convictions and the violation of the right to life. Cost and resources involved in death penalty cases are also discussed, with opponents suggesting alternative use of funds for crime prevention or rehabilitation.