Explained: the 'rarest of rare' doctrine behind India's death-penalty debate

In Bachan Singh v. State of Punjab (1980), the Supreme Court laid down that the death penalty may be awarded only in the "rarest of rare" cases — life imprisonment is the rule and death the exception, with judges weighing aggravating against mitigating factors. Machhi Singh v. State of Punjab (1983) then gave five guiding tests: the manner of commission, the motive, the anti-social nature of the crime, its magnitude, and the personality of the victim. The doctrine returned to the spotlight after a Supreme Court bench on October 8 questioned the routine commutation of death sentences, observing that "rarest of rare" was once applied strictly because murders were rare. LegalServiceIndia iPleaders (LegalServiceIndia, iPleaders)

• In Bachan Singh v.
• State of Punjab (1980), the Supreme Court laid down that the death penalty may be awarded only in the "rarest of rare" cases — life imprisonment is the rule and death the exception, with judges weighing aggravating again
• Machhi Singh v.