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A sessions court in kolkata sentenced the convict in the rape and murder of a doctor at RG Kar Medical college and hospital, to life long imprisonment, restraining from a death sentence observing that the case doesn’t qualify for the mandate of “Rarest of the rare case”
The Rarest of Rare Test:
Introduction:
- Capital punishment (death penalty) in India is reserved for the rarest of rare cases. The expression “rarest of rare” was coined by the Supreme Court in the case of Bachan Singh v. State of Punjab (1980), and it forms the basis of awarding the death penalty.
- The death penalty is awarded only in exceptionally grave cases, where the nature of the crime and the offender's conduct are deemed to be of an extreme nature.
Definition and Application:
- There is no statutory definition of the term "rarest of rare." It depends on the facts and circumstances of the case, such as:
- The brutality of the crime.
- The conduct of the offender.
- The offender's criminal history.
- Life imprisonment is the default penalty, while the death penalty is applied only in the most extreme cases where life imprisonment is deemed insufficient.
Types of Offences Eligible for Death Penalty:
Certain crimes under the Indian Penal Code (IPC) can attract a death sentence:
- Murder (Section 302)
- Dacoity with Murder (Section 396)
- Criminal Conspiracy (Section 120B)
- Waging War against the Government of India (Section 121)
- Abatement of Mutiny (Section 132)
Justification for Capital Punishment:
- Capital punishment is justified on the grounds of deterrence—by executing convicted murderers, society hopes to prevent potential murderers from committing heinous crimes.
Execution and Commutation:
- The death sentence does not automatically result in execution. It can be:
- Commuted to life imprisonment by the courts or the President of India under Article 72 of the Constitution.
- Pardoned by the President, resulting in a lesser sentence.
Rarest of Rare Test:
- The term "rarest of rare" was officially articulated by the Supreme Court in Bachan Singh v. State of Punjab (1980). This ruling emphasized that:
- Life imprisonment should be the default punishment, and the death penalty should be applied only in cases of extreme culpability.
- The offender's circumstances (mental health, family background, etc.) must also be considered in conjunction with the severity of the crime.
- The death penalty should be imposed when life imprisonment appears insufficient given the nature and circumstances of the crime.
Principles from Bachan Singh (1980):
The Supreme Court set forth key principles in Bachan Singh:
- Extreme Culpability: The death penalty is only appropriate for the gravest crimes.
- Aggravating and Mitigating Circumstances: Courts must weigh both the aggravating factors (severity of the crime) and mitigating factors (the offender’s personal circumstances, such as age or mental health).
- Life Imprisonment as the Rule: Death penalty should be imposed only when life imprisonment is deemed an inadequate punishment.
Scope and Dimensions of the Rarest of Rare Test:
- The crime’s nature is viewed from various angles, including:
- Manner of the crime: How the crime was committed.
- Motive: The reason for the crime.
- Social harm: The degree to which the crime is socially abhorrent.
- Impact on the victim: The victim’s suffering and the personal nature of the crime.
- Courts must carefully evaluate whether the death penalty is warranted by the horrors of the crime and its social impact.
In India, the death penalty is reserved for rarest of rare cases, based on a thorough evaluation of the crime, the offender's background, and its societal impact. The Bachan Singh and Machhi Singh rulings have set the legal framework for determining when the death penalty is appropriate, with life imprisonment being the default punishment unless exceptional circumstances justify the death sentence.

