RE-EVALUATING THE ‘RAREST OF THE RARE’ DOCTRINE IN THE FACE OF DEBILITATING MORALITY
AUTHOR – RASHI TANNA & MALLIKA MISHRA,
NMIMS, KIRIT P. MEHTA SCHOOL OF LAW, MUMBAI
BEST CITATION – RASHI TANNA & MALLIKA MISHRA, RE-EVALUATING THE ‘RAREST OF THE RARE’ DOCTRINE IN THE FACE OF DEBILITATING MORALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 19-30, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ANKQ6002
ABSTRACT
This paper delves into the death penalty as both, a punitive measure and a conceptual framework, examining its historical evolution, philosophical base and its relevance in contemporary society.
The study aims to analyse the ‘rarest of rare’ doctrine, which has emerged in India through intricate and layered judicial interpretation, with regard to different socio-cultural and psychological factors regarding offenders, and assess its applicability in today’s societal context.
The research aims to explore the paradox created by the increase in heinous crimes today, and the original intent of the judiciary in constructing the doctrine and through this, addressing the ground reality that the ‘rarest of rare’ is not rare anymore
The paper aims to highlight the imbalance created by the limited use of capital punishment to exceptional cases and how it has become increasingly inadequate in addressing contemporary issues with particular critique of its offender-centric approach, prioritising the rights of the convict over those of the victim.
Discourse also includes the historical background of capital punishment and the philosophical meanderings regarding it, its status under international law and the delicate balance between what is and what is needed, India’s legal stance, through examination of various judgements, judicial orders and constitutional provisions and the systemic inefficiency of Indian prisons to positively reform prisoners, in the process often exacerbating criminal tendencies.
The authors advocate for a shift from the offender-centric approach to a victim-centric structure, since punishment serves as a necessary remedy for victims who have already suffered harm.
Scrutinising the challenges and altercations in awarding Capital Punishment, this paper questions whether the continued application of the death penalty under the existing framework is justiciable, or should it be reevaluated as per ground realities and modern jurisprudence.
Keywords: Capital Punishment, Rarest of the rare doctrine, Death Penalty, Legal analysis, Retributive theory.