Rarest of The Rare Doctrine
The rarest of rare doctrine:
- The courts should not be persuaded to impose the death penalty solely because the crime was horrific and had a negative effect on society.
- They should also take into account the defences for life in jail.
The most recent trend in death sentences:
- There were 488 people in India on execution row as of December 31, 2021.
- It was a significant increase from 2020 of around 21%.
- As of December 31, 2020, there were 404 prisoners in total who were on death row.
1980’s Bachan Singh v. State of Punjab:
- A ruling by a five-judge panel in which the SC established the Rarest of Rare doctrine.
Case-Related Issues:
- Is the death sentence, which is imposed under Section 302 IPS as a punishment for murder, unconstitutional? All six of the Constitution’s guaranteed freedoms are abolished by the death sentence.
- How constitutional is the sentencing process outlined in Section 354(3) of the CrPC, 1973? Section 302 of the IPC, which grants the courts unrestricted authority to condemn someone to death, is not unconstitutional because of this.
- According to the petitioner in the Bachan Singh Case, it does not violate the six freedoms guaranteed by Article 19.
Six liberties are constrained under Article 19:
- The terms of Article 19 itself grant the State the authority to place some constraints on these six freedoms.
- How constitutional is the sentencing process outlined in Section 354(3) of the CrPC? because it gives courts unrestricted authority.
Section 354 of the Cr. P.C.:
- When a person is found guilty of a crime that carries a death sentence or, as an alternative, a life sentence or a period of years in prison, the judgement must include the reasons for the penalty imposed, including any specific circumstances that led to the death sentence.
- This provision grants the judge arbitrary authority to condemn someone to death, hence that arbitrary power needs to be limited.
SC ruled in the Bachan Singh case that:
- According to Section 354(3) of the Criminal Procedure Code, “special reasons” refers to unique explanations resulting from the seriousness of the offence.
- In imposing the death penalty, the court established the “rarest of the rare situations” doctrine.
- Additionally, it was decided that, for those found guilty of murder, the death penalty is only given as an exception and that life in prison is the norm.
- SC further recommended that – The circumstances of the offender must be taken into account in addition to the facts and circumstances of the offense/case.
- Prior to Bachan Singh, death penalties were only given when aggravating or mitigating elements of the crime or case were present.
- The death sentence was applied if the aggravating circumstances of the crime or case were more serious than the mitigating factors.
Examples of offence aggravating and mitigating factors:
- when the victim is intended to be burned alive by setting the house on fire.
- The victim’s body is torn to bits.
- The victim endures cruel and inhumane treatment.
- In the Bachan Singh case, it was decided that in addition to the aggravating and mitigating factors pertaining to the crime or case, the aggravating and mitigating factors pertaining to the criminal should also be taken into account.
- According to Dr. Chitale, the aggravating and mitigating circumstances of the offender
- Age of the offender, If the accused is a minor, a death sentence will not be given.
Potential for the reform:
- whether he was really mentally or emotionally disturbed when he committed the act.
- The accused was forced to act or was subject to another person’s will.
- Therefore, the SC attempted to narrow the grounds for the death punishment in the Bachan Singh Judgement.
- SC ruled that the potential for reform, not retaliation, is the core of punishment.
- Judges should never have a taste for blood, the SC ruled.
