Rarest of Rare Doctrine



Published on 10 Sep 2025

  • The Kolkata R.G. Kar Medical College and Sharon murder (Kerala) cases reignited debates on the ‘rarest of rare’ doctrine in India.

  • The death penalty is given in India for "rarest of rare" cases, including terror cases, as per the Supreme Court's guidelines.

  • The Supreme Court upheld the death penalty's constitutionality in Jagmohan Singh vs. State of U.P. (1972).

    • SC said that the death penalty imposed after trial in accordance with the procedure established by law is not unconstitutional under Article 21.

  • The rarest of rare doctrine was introduced in the Bachan Singh case (1980) and later provided a framework in Machhi Singh vs. State of Punjab (1983).

  • The court identified five categories of crimes where such a punishment is justified.

    • brutal manner, depraved motive, social abhorrence, crime magnitude, and victim vulnerability. 

  • In Mithu vs. State of Punjab (1983), the SC struck down Section 303 of the IPC, which prescribed mandatory death penalty for anyone who commits murder while serving a life sentence.

    • The court ruled that it was against Articles 14 and 21 of the Constitution.

Keywords:

Rarest of Rare Doctrine Doctrine Judiciary Supreme court R.G. Kar Medical College and Sharon murder RG Kar case Fundamental rights Heart and soul of the constitution Article 32 death penalty Bachan Singh case Jagmohan Singh vs. State of U.P Du