MUKESH & ANR. V. STATE (NCT OF DELHI): A CRITICAL ANALYSIS OF THE ‘RAREST OF RARE’ DOCTRINE IN INDIA

The present case commentary deals with Mukesh & Anr. v. State (NCT of Delhi), commonly known as Nirbhaya case. In this case, the Court reiterated that the “rarest of rare” theory applies and confirmed the death sentence for the accused due to the heinousness of the crime committed by them. This commentary highlights the Court's arguments, the principles outlined in Bachan Singh and Machhi Singh cases, the debate around capital punishment from constitutional and criminological perspectives, and the conflict between deterrence, retribution, and rehabilitation models of punishment.