{"id":327253,"date":"2025-02-19T19:34:50","date_gmt":"2025-02-19T14:04:50","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=327253"},"modified":"2025-02-24T13:03:59","modified_gmt":"2025-02-24T07:33:59","slug":"indias-death-penalty-criteria-under-question","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/indias-death-penalty-criteria-under-question\/","title":{"rendered":"India\u2019s Death Penalty Criteria Under Question"},"content":{"rendered":"

Source<\/strong>: The post India\u2019s Death Penalty Criteria Under Question has been created, based on the article \u201cWhat is the \u2018rarest of rare\u2019 doctrine?<\/strong>\u201d published in \u201cThe Hindu<\/strong>\u201d on 19th February 2025.<\/p>\n

\"India\u2019s<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper2<\/strong> \u2013 Governance \u2013 Criminal Justice System in India<\/p>\n

Context: <\/strong>The article discusses two murder cases with different punishments, raising questions about India\u2019s death penalty criteria. It explains the \u2018rarest of rare\u2019 doctrine, its origins, and legal developments. It highlights ongoing debates on judicial discretion and the need for clear guidelines.<\/p>\n

For detailed information on Challenges in Death Penalty and Sentencing Decisions<\/strong> read this article here<\/a><\/p>\n

How Did Two Murder Cases Get Different Punishments?<\/strong><\/h2>\n

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 \u2018rarest of rare\u2019 doctrine.<\/p>\n

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  1. Kolkata Case:<\/strong> 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 \u2018rarest of rare\u2019 criteria. Roy was sentenced to life imprisonment with a fine.<\/li>\n
  2. Kerala Case:<\/strong> 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 \u2018rarest of rare\u2019 case and sentenced Greeshma to death.<\/li>\n<\/ol>\n

    What Is the \u2018Rarest of Rare\u2019 Doctrine?<\/strong><\/h2>\n

    The death penalty in India follows the \u2018rarest of rare\u2019 principle. It decides when a crime is severe enough to deserve capital punishment.<\/p>\n

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    1. 1972 \u2013 Jagmohan Singh Case:<\/strong> 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.<\/li>\n
    2. 1980 \u2013 Bachan Singh Case:<\/strong> The Supreme Court established the \u2018rarest of rare\u2019 doctrine. It ruled that the death penalty should be used only in extreme cases.<\/li>\n
    3. 1983 \u2013 Machhi Singh Case:<\/strong> The court gave five conditions to determine \u2018rarest of rare\u2019 cases:<\/li>\n<\/ol>\n