CRIME, FEAR AND PUNISHMENT: A CRIMINOLOGICAL AND JURISPRUDENTIAL ANALYSIS OF THE DEATH PENALTY UNDER THE ‘RAREST OF RARE’ DOCTRINE

This research paper will discuss the Death Penalty in accordance with the principle of “Rarest of Rare” in India from constitutional, criminological, and jurisprudential standpoints. This research paper will examine the evolution of the “Rarest of Rare” principle from judicial precedents and its success as a balancing mechanism between societal interests and the right to life guaranteed under articles 14 and 21 of the Constitution. In addition to this, this research paper will explore different theories of punishment ranging from retribution to reformative, preventive, deterrent, and utilitarian theory of punishment, while highlighting various issues concerning judicial discretion, arbitrariness, socio-economic differences, and dignity of the individual.