Rarest of Rare Doctrine

Introduction to Rarest of Rare Doctrine

The 'Rarest of Rare' doctrine governs the imposition of the death penalty in India. It ensures that capital punishment is awarded only in exceptional cases that shock society’s collective conscience.

Origin and Key Judgments

Jagmohan Singh vs. State of Uttar Pradesh (1972): Upheld the constitutionality of the death penalty but left application to judicial discretion.
Bachan Singh vs. State of Punjab (1980): Established the doctrine for awarding the death penalty only in rare cases.
Machhi Singh vs. State of Punjab (1983): Defined five categories for the death penalty:
- Manner of Crime: Exceptionally brutal or heinous.
- Motive of Crime: Shows extreme moral depravity.
- Impact on Society: Causes social outrage (e.g., hate crimes).
- Magnitude of Crime: Mass killings or multiple murders.
- Victim’s Vulnerability: Involves children, women, elderly, or disabled persons.
Mithu vs. State of Punjab (1983): Struck down Section 303 IPC (mandatory death penalty) and emphasized judicial discretion in capital punishment.

Significance in UPSC Exam Syllabus

GS Paper 2 (Polity & Governance): Constitutional safeguards, judicial interpretations, and capital punishment jurisprudence.
GS Paper 4 (Ethics, Integrity & Aptitude): Ethical dilemmas in awarding the death penalty and discretionary justice.

Multiple-Choice Questions (MCQs)

Which case established the 'rarest of rare' doctrine?
a) Jagmohan Singh vs. State of Uttar Pradesh
b) Bachan Singh vs. State of Punjab
c) Machhi Singh vs. State of Punjab
d) Mithu vs. State of Punjab
Answer: b) Bachan Singh vs. State of Punjab
Which judgment provided categories for awarding the death penalty under the 'rarest of rare' doctrine?
a) Bachan Singh vs. State of Punjab
b) Jagmohan Singh vs. State of Uttar Pradesh
c) Mithu vs. State of Punjab
d) Machhi Singh vs. State of Punjab
Answer: d) Machhi Singh vs. State of Punjab
What did Mithu vs. State of Punjab (1983) rule about the death penalty?
a) It upheld the death penalty’s constitutionality.
b) It introduced mandatory death sentences.
c) It struck down Section 303 IPC (mandatory death penalty).
d) It restricted the doctrine’s scope.
Answer: c) It struck down Section 303 IPC (mandatory death penalty).
Which article of the Indian Constitution is directly related to the right to life?
a) Article 14
b) Article 19
c) Article 21
d) Article 22
Answer: c) Article 21
Which of the following is not a category under the 'rarest of rare' doctrine?
a) Manner of crime
b) Political motivation
c) Magnitude of the crime
d) Victim’s vulnerability
Answer: b) Political motivation

Mains Question

“Discuss the evolution of the 'rarest of rare' doctrine in India’s legal system. How does it balance judicial discretion with constitutional safeguards in awarding the death penalty?”

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