What is the significance of the 'rarest of rare' doctrine in legal terms
Understanding the application and implications of the 'rarest of rare' doctrine in judicial decisions.
The 'rarest of rare' doctrine is a legal principle used in India to determine whether a particular case warrants the death penalty. Here is the significance and implications of this doctrine:
- Criteria for Death Penalty: It sets a high threshold for when the death penalty can be imposed, reserving it for only the most heinous and exceptional cases.
- Subjectivity in Application: The doctrine allows judges to use their discretion in considering the facts and circumstances of each case to determine if it qualifies as 'rarest of rare'.
- Protecting Human Rights: It aims to ensure that the death penalty is not arbitrarily or excessively applied, thus protecting the right to life.
- Public Confidence: Upholding this doctrine helps maintain public confidence in the justice system by demonstrating a stringent criteria for imposing the ultimate punishment.
Answered
2 months ago