rarest of rare doctrine

THE DEATH PENALTY IN INDIA: JUSTICE OR RETRIBUTIVE SENTIMENT Tripti Mishra, 4th year Law student, Vijaybhoomi University (India) Nandita Dubey, 3rd year Law student, Vijaybhoomi University (India) Anuradha Padhy, Associate Faculty of Law, Vijaybhoomi University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.90 The death penalty remains one of the most divisive and morally complex issues in India’s criminal justice system. This research paper critically examines whether capital punishment serves the ends of justice or merely reflects society’s retributive instincts. Although the Supreme Court in Bachan Singh v. State of Punjab (1980) upheld its constitutionality under the “rarest of rare” doctrine, the doctrine’s inconsistent application raises serious doubts about fairness and equality before the law. The study draws on both primary data through surveys assessing public perception and secondary sources, including judicial precedents, scholarly writings, and empirical reports such as those by Project 39A and the People’s Union for Democratic Rights (PUDR). The findings reveal that a majority of respondents favor retaining the death penalty, often justifying it on grounds of deterrence and justice. However, deeper analysis suggests that such support largely stems from emotional and retaliatory impulses rather than rational belief in its deterrent value. The research also highlights how media sensationalism, political narratives, and public outrage influence judicial decision-making, often transforming justice into a performance to appease popular sentiment. Further, the disproportionate impact on marginalized and economically weaker sections exposes inherent biases within the system. The paper argues that the death penalty, as currently practiced, undermines constitutional values of dignity, equality, and due process. It concludes that India must move towards codifying clearer sentencing standards, strengthening legal aid, and eventually embracing humane alternatives such as life imprisonment without parole. In doing so, the criminal justice system would better align with global human rights principles and the evolving moral conscience of a democratic society.