What are Rarest of Rare cases in India - Landmark Decision by Supreme Court

Death Penalty is not yet outlawed in India. However, Several countries have abolished Capital Punishment but in India, A convict may be sentenced to Death, if it is a Rarest of rare case.

Now the question arises is what cases fall in this, Rarest of rare cases category. There are various guidelines of Hon'ble Apex Court in this behalf.

In Haru Ghosh v. State of West Bengal , (SC) 2009(15) SCC 551 : 2009(4) Crimes 1 : 2009(4) R.C.R.(Criminal) 278 Hon'ble Supreme Court discussed this matter:

The test of rarest of rare case was laid down by this Court for the first time in the case of Bachan Singh v. State of Punjab, reported in 1980(2) SCC 684. Thereafter the same was reiterated in Machhi Singh & Ors. v. State of Punjab, reported in 1983(3) SCC 470. 

The test laid down adopted the following five considerations :-

    "(1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community.

    (2) When the murder is committed for a motive which evinces total depravity and meanness; e.g. murder by hired assassin for money or reward; or cold- blooded murder for gains of a persons vis-a-vis whom the murderer is in dominating position or in a position of trust; or murder is committed in the course of betrayal of the motherland.

    (3) When murder of a member of a Scheduled Caste or minority community etc. is committed not for personal reasons but in circumstances which arouse social wrath; or in cases of 'bride burning' or 'dowry deaths' or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infactuation.

    (4) When the crime is enormous in proportion. For instance, when multiple murders, say of all or almost all the members of a family or a large number of persons of a particular caste, community or locality are committed.

    (5) When the victim of murder is an innocent child, or a helpless woman or old or infirm person or a person vis-a-vis whom the murderer is in a dominating position, or a public figure generally loved and respected by the community."

Read the whole Judgment here.