Vol. 7, Issue 9, Part C (2021)

Abstract
The penal law of India recognizes the death penalty and provides for capital punishment by various Acts for offences falling under specific categories. However, In India, like other larger democracies around the world, attention has been drawn to the humanitarian and constitutional side of capital punishment. For a long time, various jurists and scholars argued in favour and against it but the provisions for death penalty remained intact which are not only there today but if seen in present time, by amendments, new sections having provision for death penalty are being introduced most heinous offences. Therefore, Indian society appears in favour of death penalty. Questions have come before the Supreme Court on different occasions regarding death penalty such as whether the capital punishment is constitutional or not? And in respect of which offences death penalty can be the only way to meet justice? Thus, a new category “rarest of rare” of heinous offences was developed. The Supreme Court has attempted to identify that which cases fall under the category of rare. Now, while awarding sentence of death to the accused of any heinous offence falling under the category of rarest of rare, it is mentioned by the Judge that why this case was of rarest of rare. Judge decides the category in the light of guiding principles and previous judgments.