Rarest of Rare Doctrine in Death Penalty

Syllabus: GS2/Governance

Context

• The recent conviction of Sanjay Roy for the rape and murder of doctor at Kolkata’s R G Kar Medical College and Hospital has sparked widespread public outrage.
  • While the court sentenced Roy to life imprisonment, many are demanding the death penalty.

Death Penalty in India: Current Statistics

• The death penalty or capital punishment, is the most severe form of legal penalty in India. 
• According to a report by Project 39A,120 death sentences were awarded by trial courts in 2023 across the country, while 561 inmates remained on death row by the end of the year.
  • It marks the highest number of convicts on death row in nearly two decades.
  • It also noted that only one death sentence was confirmed in 2023, making it the year with the lowest rate of death sentence confirmations by appellate courts since 2000.

Legal Framework

• Bharatiya Nyaya Sanhita (BNS):
  • Section 103 (Section 302 in IPC): Murder;
  • Section 71 (Section 376A in IPC): Rape leading to death or resulting in a persistent vegetative state;
  • Section 147 (Section 121 in IPC): Waging war against the Government of India;

Arguments in Favour

• In the 35th Report of Law Commission of India (1962) favoured retaining the death penalty.
• Acting as a deterrent, and ensures justice for victims by proportionately punishing the offender.
• Maintaining law and order.

Arguments Against Death Penalty

• Low Imposition Rates: Supreme Court has affirmed the death penalty in only 7 cases over the past 6 years, indicating limited utility.
• Arbitrariness: Sentencing can be inconsistent due to subjective judgments of individual judges.
• Inhumane Nature: Inflicts severe mental anguish on convicts and their families, violating principles of human dignity.
• Procedural Flaws: Lack of rigor and transparency in sentencing processes undermines fairness.
• Economic Disparity: 74.1% of death row inmates come from economically disadvantaged backgrounds, highlighting systemic inequities.
• Global Trends: Over two-thirds of countries globally have abolished the death penalty in law or practice (Amnesty Report, 2021).

Key Reforms and Guidelines (After Bachan Singh v. State of Punjab Case, 1980)

• ‘Rarest of Rare’ Doctrine: The Supreme Court mandates that the death penalty can only be imposed in exceptional cases where the crime is so heinous that no other punishment would suffice.
• Aggravating and Mitigating Factors:
  • Aggravating factors include the brutality of the crime, the impact on the victim and society, and the criminal’s prior record.
  • Mitigating factors include the accused’s age, mental health, and potential for rehabilitation.
• Review and Appeal Process: It includes multiple levels of review and appeal to ensure that the decision is fair and just.
  • It includes the possibility of mercy petitions to the President or Governor, depending on the jurisdiction.
• Procedural Safeguards: It includes ensuring that the accused has access to legal representation and a fair trial.
• MHA Guidelines: The Ministry of Home Affairs has issued guidelines to safeguard the interests of death row convicts, emphasizing a minimum period of 14 days between the communication of the death sentence and its execution.

Recent Developments

• In November 2024, reports indicated that India plans to reform its criminal sentencing norms to address criticisms of arbitrary punishments.
  • It aims to introduce a grading system to standardize sentencing, aligning more closely with systems in countries like Britain, Canada, and New Zealand. 

Source: IE