India’s Death Penalty Criteria Under Question

Source: The post India’s Death Penalty Criteria Under Question has been created, based on the article “What is the ‘rarest of rare’ doctrine?” published in “The Hindu” on 19th February 2025.

UPSC Syllabus Topic: GS Paper2 – Governance – Criminal Justice System in India

Context: The article discusses two murder cases with different punishments, raising questions about India’s death penalty criteria. It explains the ‘rarest of rare’ doctrine, its origins, and legal developments. It highlights ongoing debates on judicial discretion and the need for clear guidelines.

For detailed information on Challenges in Death Penalty and Sentencing Decisions read this article here

How Did Two Murder Cases Get Different Punishments?

On January 22, 2024, two murder cases had different verdicts. One case led to a life sentence, while the other resulted in the death penalty. This raised questions about how courts apply the ‘rarest of rare’ doctrine.

1. Kolkata Case: A female postgraduate doctor was raped and murdered in a hospital. The accused, Sanjay Roy, was convicted based on forensic evidence. The judge ruled that this case did not meet the ‘rarest of rare’ criteria. Roy was sentenced to life imprisonment with a fine.
2. Kerala Case: Sharon Raj, a 23-year-old student, was poisoned by his partner, Greeshma. He died 11 days later due to multiple organ failures. The Neyyattinkara court ruled it was a ‘rarest of rare’ case and sentenced Greeshma to death.

What Is the ‘Rarest of Rare’ Doctrine?

The death penalty in India follows the ‘rarest of rare’ principle. It decides when a crime is severe enough to deserve capital punishment.

1. 1972 – Jagmohan Singh Case: The Supreme Court upheld the death penalty as constitutional. The petitioner argued that it violated Article 14 and 19. The court ruled that judges consider all facts before sentencing.
2. 1980 – Bachan Singh Case: The Supreme Court established the ‘rarest of rare’ doctrine. It ruled that the death penalty should be used only in extreme cases.
3. 1983 – Machhi Singh Case: The court gave five conditions to determine ‘rarest of rare’ cases:

• Brutality – when the murder is committed in an extremely brutal and dastardly manner so as to arouse extreme indignation within the community.
• Motive – when the murder is committed for a motive which reveals total depravity.
• Social Impact – when a murder occurs of someone belonging to a minority community and is committed not for personal reasons but in circumstances which arouse social wrath.
• Magnitude – Crime affecting many people.
• Victim’s Condition – when the victim of murder is a child, a helpless woman, a person rendered helpless by old age or infirmity etc..

4. 1983 – Mithu Case: The Supreme Court removed the mandatory death penalty for prisoners committing murder. The court ruled this violated Articles 14 and 21.
5. 2022 – Supreme Court Review: The court started reviewing how to ensure fair hearings in death penalty cases. It may set new guidelines on mitigating circumstances.

What Is the Main Debate?

The death penalty remains controversial in India. The ‘rarest of rare’ principle is not clearly defined. Judges have wide discretion, leading to different punishments for similar crimes. Experts suggest that clear guidelines are needed to ensure fairness.

Question for practice:

Evaluate the application of the ‘rarest of rare’ doctrine in the Kolkata and Kerala murder cases and its impact on the verdicts.