What is the ‘rarest of rare’ doctrine? | Explained
The story so far: On January 22, two separate murder convictions resulted in sharply contrasting verdicts, highlighting how the Indian courts apply the death penalty. The debate on the discretion given to judges to award the death sentence dates back to 1972, when the Supreme Court upheld the constitutionality of the death penalty in Jagmohan Singh versus State of U.P. In 1980, the Supreme Court in Bachan Singh versus State of Punjab, established the ‘rarest of rare’ doctrine, marking a turning point. It was finally in Machhi Singh versus State of Punjab, that the Supreme Court provided a framework for the ‘rarest of rare’ doctrine. Despite the framework set in Machhi Singh versus State of Punjab, the Supreme Court in 1983, in Mithu versus State of Punjab, struck down Section 303 of the Indian Penal Code, which prescribed mandatory death penalty for anyone who commits murder while serving a life sentence.
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