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.

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.

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;

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.

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).

‘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.

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.

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