AI Overview...
Rarest of the Rare – Main Points and Insights
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Principle of Rarest of the Rare: The death penalty can only be awarded in exceptional cases that shock the collective conscience of society, termed as rarest of the rare cases. The Supreme Court has emphasized that this standard is stringent and reserved for cases where no other alternative is appropriate State of Uttarakhand VS Karandeep Sharma @ Razia @ Raju - Uttarakhand.
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Criteria for Rarest of the Rare: Factors include the nature and manner of the crime, number of victims, and the societal impact. The case must involve heinous, grave offenses—such as multiple murders or particularly brutal acts—that are so egregious that they warrant the death penalty as the only suitable punishment State VS Niranjan Jena @ Babuli - Orissa, State Of Haryana VS Nirmal Singh - Punjab and Haryana.
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Application in Judicial Proceedings: Courts are advised to exercise their powers sparingly and with circumspection, especially when considering quashing criminal proceedings or awarding death sentences. The power under Section 482 of the Criminal Procedure Code is to be used only in rarest of rare cases Usha Rani Kalita VS State of Assam & Anr. - Gauhati, Seikh Ibrahim @ Md. Ibrahim, Son Of Late Sk. Wahid Ali VS The State Of Bihar And Md. Taiyab Ali, Son Of Late Yakub Ali - Patna, PARTAP MALIK VS STATE OF H. P. - Himachal Pradesh.
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Assessment Factors: The Supreme Court has clarified that the number of victims alone does not determine rarity; rather, the manner of killing, the brutality involved, and the societal shock factor are critical. Each case is unique and must be evaluated on its individual facts State VS Niranjan Jena @ Babuli - Orissa.
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Case Examples: Several judgments have held that certain murders, even involving children or multiple victims, do not qualify as rarest of rare cases if the circumstances do not meet the stringent criteria. Conversely, cases involving heinous acts have been classified as falling within this category, warranting the death penalty Mohinder Singh VS State of Punjab - Punjab and Haryana, Sri Mahendra Nath Das @ Sri Gobinda Das VS State of Assam - Crimes, State of Punjab VS Gurcharan Singh @ Happy - Punjab and Haryana.
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Judicial Discretion: The courts have consistently held that the decision to impose the death penalty must be based on the rarest of rare standard, ensuring it is not applied arbitrarily. The decision hinges on the gravity of the crime and societal sensibilities State of Uttarakhand VS Karandeep Sharma @ Razia @ Raju - Uttarakhand, Sessions Judge, West Godavari, Eluru VS Manepurattu Kutti Thangappan Krishnan kutti - Andhra Pradesh.
Analysis and Conclusion
The doctrine of rarest of the rare serves as a constitutional safeguard to prevent arbitrary or excessive use of the death penalty. It mandates that the death sentence be reserved for the most heinous, shocking crimes that profoundly offend societal conscience. Courts must meticulously analyze the facts—such as brutality, number of victims, and societal impact—and exercise their powers sparingly and judiciously. This principle underscores the importance of balancing justice with humanity, ensuring the death penalty is only awarded in truly exceptional cases State of Uttarakhand VS Karandeep Sharma @ Razia @ Raju - Uttarakhand, Usha Rani Kalita VS State of Assam & Anr. - Gauhati.
References:
- State of Uttarakhand VS Karandeep Sharma @ Razia @ Raju - Uttarakhand: Paras 31-35, 37, 39
- Usha Rani Kalita VS State of Assam & Anr. - Gauhati: Supreme Court decision on sparing exercise of criminal proceedings
- Seikh Ibrahim @ Md. Ibrahim, Son Of Late Sk. Wahid Ali VS The State Of Bihar And Md. Taiyab Ali, Son Of Late Yakub Ali - Patna: Power under Section 482 CrPC in rarest of rare cases
- State VS Niranjan Jena @ Babuli - Orissa: Factors influencing the rarest of rare classification
- State Of Haryana VS Nirmal Singh - Punjab and Haryana: Case assessment for murder cases
- Mohinder Singh VS State of Punjab - Punjab and Haryana: Criteria for applying rarest of rare in death penalty
- Sessions Judge, West Godavari, Eluru VS Manepurattu Kutti Thangappan Krishnan kutti - Andhra Pradesh: Supreme Court principles on death sentence
- PARTAP MALIK VS STATE OF H. P. - Himachal Pradesh: Quashing FIR and rarest of rare considerations
- State of Punjab VS Gurcharan Singh @ Happy - Punjab and Haryana: Multiple murders and death penalty assessment
- Sri Mahendra Nath Das @ Sri Gobinda Das VS State of Assam - Crimes: Evidence and aggravating circumstances in rarest of rare cases
Search Results for "Rarest of the Rare"
2018 0 Supreme(UK) 10 • India - Uttarakhand
RAJIV SHARMA, ALOK SINGH
(Paras 31 to 35, 37, 39) (B) Death Penalty – Rarest of rare case – Principle of rarest of rare – Applicability ... – Held that death sentence can be given in rarest of rare cases if the “collective conscience" of a community is so shocked that ... death penalty is the only alternative – The “rarest of the rare case" comes when the convict would be a menace and threat to the ... The “rarest of the rare case” comes w....
2011 0 Supreme(Gau) 785 • India - Gauhati
H.BARUAH
present petitioner had been killed –Held, Criminal proceeding should be exercised very sparingly and with circumspection and that rarest ... decision was held that power of quashing criminal proceeding should be exercised very sparingly and with circumspection and that rarest ... of rare cases extraordinary and inherent power does not confer in any arbitrary jurisdiction on court - Petition allowed ... In the aforesaid decision it was held that power of quashing a criminal proceeding should be exercised very sparingly and with circumspec....
2010 0 Supreme(Pat) 2283 • India - Patna
RAKESH KUMAR
Ratio Decidendi: The power under Section 482 of the Code of Criminal Procedure is to be exercised in exceptional and rarest ... Indian Penal Code, stating that the power under Section 482 of the Code of Criminal Procedure is to be exercised in exceptional and rarest ... the petition, stating that the power under Section 482 of the Code of Criminal Procedure is to be exercised in exceptional and rarest ... Time without number, it has been held that this power is to be exercised in exceptional and rarest of rare....
2013 0 Supreme(P&H) 59 • India - Punjab and Haryana
FAKKIR MOHAMED IBRAHIM KALIFULLA, P.SATHASIVAM
must clearly fall within the ambit of "rarest of rare" and secondly, when the alternative option is unquestionably foreclosed. ... ... Death Sentence--The doctrine of "rarest of rare" confines two aspects ... ... (iv) Public opinion is difficult to fit in the 'rarest of rare' ... The application of the “rarest of rare” case principle is dependant upon and differs from case to case. ... This has rather acquired an enormity to the extent of rushing i....
2000 0 Supreme(AP) 395 • India - Andhra Pradesh
R.M.BAPAT, D.S.R.VERMA
Lordships of the Supreme Court were pleased to lay down same principle - Death sentence is to be awarded in rarest of rare cases ... - But, in the present case, Court is of the considered view that the present case will not fall in the category of rarest of rare ... Applying the aforesaid test, Court is of the considered view that the present case cannot be called as a rarest of rare cases - Their ... Applying the aforesaid test, we are of the considered view that the present case cann....
1998 0 Supreme(P&H) 1238 • India - Punjab and Haryana
V.K.BALI, M.L.SINGHAL
Whether the murders fell within the category of the rarest of rare cases? 5. ... The Court held that the murders fell within the category of the rarest of rare cases and that the death sentence was the only appropriate ... The Court held that the murders fell within the category of the rarest of rare cases and that the death sentence was the only appropriate ... Hon ble Supreme Court observed that the case was not falling within the category of rarest of rar....
2005 0 Supreme(Ori) 779 • India - Orissa
P.K.TRIPATHY, A.K.PARICHHA
and the manner of killing are relevant factors to decide if the case is the rarest of rare one. ... DEATH SENTENCE - Only in rarest of rare cases where the collective conscience of the community is so shocked that it will expect ... It was also indicated that the number of victims does not automatically make a case rarest of rare and that the mind set of the killer ... It was also indicated that the number of victims does not automatically make a case rarest of #HL_ST....
1995 0 Supreme(HP) 20 • India - Himachal Pradesh
LOKESHWAR SINGH PANTA, KAMLESH SHARMA
The Court further held that the petitioner's case was not of the category of the rarest of rare cases to quash the FIR. ... Whether the petitioner's case is of the category of the rarest of rare cases to quash the FIR? Ratio Decidendi: 1. ... - SCOPE - HIGH COURT SHOULD EXERCISE ITS POWER OF QUASHING A CRIMINAL PROCEEDINGS SPARINGLY AND WITH CIRCUMSPECTION AND IN THE RAREST ... So far this Court is concerned, we do not find this case of the category of the rarest of rare#HL_E....
2007 0 Supreme(P&H) 194 • India - Punjab and Haryana
ADARSH KUMAR GOEL, H.S.BHALLA
of rare case--Three murders including murder of a small child of five months--Case does not fall in rarest of rare cases--Sentence ... nbsp;(F) Criminal Procedure Code, 1973, Section 366-Penal Code, 1860, Section 302--Murder reference--Death sentence--Rarest ... ... (H) Criminal Procedure Code, 1973, Section 366--Death penalty--Rarest ... Coming to the question of sentence, we are of the view that it is not rarest of rare case where death sentence may be called for. ....
1999 5 Supreme 414 • India - Crimes
S.S.M.QUADRI, D.P.MOHAPATRA
evidence found—Appellant guilty of offence under Section 302 IPC—Applying principles laid down by Supreme Court concluded it is rarest ... circumstances when weighed against the aggravating circumstances leave us in no doubt that this case falls within the category of rarest ... sentence of death—Appeal to Supreme Court—Circumstances when weighed against aggravating circumstances case falls within category of rarest ... Whether a case falls within ‘the rarest of rare’ cases has to be examined with ref....
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