Introduction

In the Indian judiciary, “rarest of the rare” cases are those in which the courts award capital punishment not as an option, but mandatorily. These cases are so serious and heinous that any other punishment is not considered justified. After independence, several cases have seen the awarding and execution of capital punishment. Such offences include rape and waging war against the state.

Right to Life under the Indian Constitution

India, as a welfare state, protects its people by providing fundamental rights, one of the most important being the right to life under Article 21 of the Constitution. This right ensures that nobody can be deprived of their life. However, the exception to this right is provided within the same article, which states that a person can be deprived of their right to life by the procedure established by law. Criminal law specifies that certain severe offences against the state, women, and society are punishable by death.

Types of Punishment in Indian Criminal Law

Capital Punishment

Indian criminal law outlines six types of punishments, with death being the most severe. The evolution of capital punishment in India dates back to 1860 when it was incorporated into the criminal law drafted during British rule. After independence, there were debates to abolish the death penalty, but it was retained. The Supreme Court has upheld the constitutional validity of capital punishment, asserting that it should be applied in the “rarest of the rare” cases.

Crimes Punishable by Death

Indian criminal law lists several offences punishable by death, including:

• Murder: Defined under Section 300 and punishable under Section 302 of the Indian Penal Code.
• Waging War Against the State: Offenders posing a threat to national security can be given capital punishment.
• Rape: Specific circumstances under Sections 376A, 376AB, and 376DB provide for death punishment, especially when the victim dies.
• Kidnapping for Ransom: Punishable under Section 364A.
• Other Severe Offences: Such as causing death during dacoity.

Constitutional Validity of Capital Punishment

Jagmohan Singh vs. State of U.P.

In this case, the constitutional validity of the death sentence was challenged. The Supreme Court upheld that capital punishment does not violate the rights to life, freedom, and equality. Article 21 allows for the deprivation of life according to the procedure established by law.

Rajendra Prasad vs. State of U.P.

Justice Krishna Iyer, in this case, observed that it is not feasible to impose capital punishment on all convicted persons. He highlighted that not all crimes warrant a death sentence and emphasized that discretionary power to judges is violative of Article 14. Justice Iyer favored abolishing capital punishment or restricting it to white-collar crimes only.

Conclusion

Capital punishment in India remains a contentious issue, balancing between the severity of the crime and the constitutional rights of individuals. The judiciary continues to navigate these complexities, ensuring that the death penalty is reserved for the “rarest of the rare” cases.