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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
21–40 · Page 2 of 16
Supreme Court of India9 Feb 2022Full text
2022 INSC 164 · [2022] 2 S.C.R. 13
emerges from the judgments referred to above is itself death sentence cannot be imposed except in the rarest of rare cases, for which special reasons have to be H 94 SUPREME COURT REPORTS [2022] 2 S.C.R. A recorded … the Criminal Procedure Code. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion. It is not just
Matched in judgment text
Supreme Court of India1 Feb 2011Full text
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
21–40 · Page 2 of 16
Supreme Court of India9 Feb 2022Full text
2022 INSC 164 · [2022] 2 S.C.R. 13
emerges from the judgments referred to above is itself death sentence cannot be imposed except in the rarest of rare cases, for which special reasons have to be H 94 SUPREME COURT REPORTS [2022] 2 S.C.R. A recorded … the Criminal Procedure Code. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion. It is not just
Matched in judgment text
Supreme Court of India1 Feb 2011Full text
2011 INSC 89 · [2011] 2 S.C.R. 367
life imprisonment on account F of the circumstances which could not be included within the category of rarest of rare cases which merited the death penalty. 23. Ms. Suri submitted that in the instant case also there … indicated that the offence had been committed in a manner which brought it within the ambit of "rarest of rare cases", for which anything less than the death penalty would be inadequate. Ms. Suri submitted that taken
Matched in judgment text
Supreme Court of India5 May 2017Full text
2017 INSC 448 · [2017] 6 S.C.R. 1
Crime against 1vomen. Death sentence - Rarest of rare cases - In the instant case, gruesome offences were committed with highest viciousness -Human lust was allowed to take such a demonic fonn - The accused may not be hardened criminals; but … night shocks the collective conscience of the society - The instant case clearly comes within the catego1y of 'rarest of rare case' where the question of H 4 SUPREME COURT REPORTS (2017] 6 S.C.R. A any other punishment
Matched in judgment text
Supreme Court of India2 Sep 2014Full text
2014 INSC 590 · [2014] 11 S.C.R. 1009
Supreme Court in all death sentence cases, and apart from death sentence being granted · only in the rarest of rare cases, two factors have impressed us .. The first is the.irreversibility of a death penalty. And the second … behind returning the verdict of death sentence is that it has to be H awarded in the rarest of rare cases. There may be aggravating MOHD. ARIF @ASHFAQ v. REGISTRAR, SUPREME 1031• COURT OF INDIA [R.F. NARIMAN
Matched in judgment text
Supreme Court of India10 Aug 2011Full text
2011 INSC 571 · [2011] 10 S.C.R. 56
even without any 8 reference to any other case law, we held this case to be the rarest of rare case. Similar sentiment was expressed by this Court in State v. Navjot Singh Sandhu [2005 (11) SCC … parallel in the history of Indian Republic, presents us in crystal clear terms, a spectacle of rarest of rare cases. The very idea of D attacking and overpowering a sovereign democratic institution by using powerful arms and explosives
Matched in judgment text
Supreme Court of India21 Feb 2019Full text
2019 INSC 247 · [2019] 11 S.C.R. 295
Awarding death sentence is an exception, not the rule, and only in the rarest of rare cases, the court could award death sentence. The state of mind of a person awaiting death sentence and the state of mind … CrPC.” 109. In Mohinder Singh v. State of Punjab8, this Court held:-“22. The doctrine of “rarest of rare” confines two aspects G and when both the aspects are satisfied only then the death penalty can be imposed
Matched in judgment text
Supreme Court of India12 Dec 2018Full text
2018 INSC 1194 · [2018] 14 S.C.R. 585
The rarest of rare dictum, as discussed above, hints at this difference between death punishment and the alternative punishment of life imprisonment. The relevant question here would be to determine whether life imprisonment as a punishment will … aim of reformation can be said to be unachievable. Therefore, for satisfying the second exception to the rarest of rare doctrine, the court will have to provide clear evidence as to why the convict is not fit for
Matched in judgment text
Supreme Court of India15 Feb 2011Full text
2011 INSC 125 · [2011] 4 S.C.R. 312
Sentence/Sentencing - Death sentence - Commutation to life, if warranted - 'Rarest of rare' test - Murder of sitting member of State Legislative Assembly - Accused-appellants were part of the coal mafia and deceased being opposed to F such activities incurred their … wrath and got killed - Trial Court convicted the appellants but did not find it to be a rarest of rare case and awarded them life sentence - High Court enhanced the sentence by imposing upon the accused-appellants the
Matched in judgment text
Supreme Court of India8 Feb 2010Full text
2010 INSC 89 · [2010] 2 S.C.R. 633
penalty in an extremely narrow set of cases, which is signified by the phrase 'rarest of the rare'. This rarest of the rare test relates to "special reasons" under Section 354(3). This F route is open … can suffice. [Para 44] [674-B-C] G 3,3, The test for the determination of the 'rarest of the rare' ca.tegory of crimes inviting the death sentence thus Includes broact criterions i.e. (1) the gruesome nature
Matched in judgment text
Supreme Court of India30 Sep 2013Full text
2013 INSC 660 · [2013] 11 S.C.R. 293
wiped off cannot be the sole criteria for determining whether the case falls into the category of "rarest of rare". Further, one cannot loose sight of the fact that brutality also cannot be the only criterion for determining … whether a case falls under the H 298 SUPREME COURT REPORTS [2013] 11 S.C.R. A "rarest of rare" categories. [Para
Matched in judgment text
Supreme Court of India19 Sep 2013Full text
2013 INSC 638 · [2013] 14 S.C.R. 297
conclusion it was said that the death penalty ought not to be imposed save in the rarest of rare cases when the alternative option is unquestionably foreclosed. Now, all these expressions "special reasons", "exceptional reasons", "founded on the … exceptional grave B circumstances''. "extreme cases" and "the rarest of rare cases" unquestionably indicate a relative category based on comparison with other cases of murder. Machhi Singh, for the purpose of practical application sought to translate this relative
Matched in judgment text
Supreme Court of India21 Aug 2015Full text
2015 INSC 591 · [2015] 10 S.C.R. 816
exercised by the Courts along judicially recognized lines and death E sentences awarded only in the rarest of rare cases. But just because the sentence of death is a possible punishment that may be awarded in appropriate cases … situations where Courts may consider awarding the extreme penalty. But, short of death in such extreme and rarest of rare cases, imprisonment for life for a proved case of kidnapping or abduction will not qualify
Matched in judgment text
Rajasthan High Court17 Aug 2026Full text
2026:RJ-JP:32991 · CRLMP/1728/2016
investigation to go on; iv) The power of quashing should be exercised sparingly with circumspection, in the ‘rarest of rare cases’. (The rarest of rare cases standard in its application for quashing under Section 482 Cr..P.C
Matched in judgment text
Supreme Court of India5 Feb 2013Full text
2013 INSC 74 · [2013] 4 S.C.R. 25
Machhi Singh and Ors. v. State of Punjab, (1983) 2 SCC 684, this Court expanded the "rarest of rare" formulation beyond the aggravating factors listed in Bachan Singh to cases where the D "collective conscience" of a community … case and a just balance had to be struck between aggravating and mitigating circumstances. F 20. "The rarest of the rare case" comes when a convict would be a menace and threat to the harmonious and peaceful
Matched in judgment text
Supreme Court of India13 Jan 2015Full text
2015 INSC 28 · [2015] 1 S.C.R. 667
order to come to the conclusion whether the case falls within the B ambit of the rarest of the rare cases. Though the incriminating circumstances proved by the prosecution unmistakably and unerringly lead to the guilt of the … find no fault in the impugned judgment that the case0 does not fall within the ratio of rarest of rare cases as envisaged by this Court. While considering the nature of offence we are of the considered opinion
Matched in judgment text
Supreme Court of India21 Jan 2022Full text
2022 INSC 80 · [2022] 3 S.C.R. 962
investigation to go on; iv) The power of quashing should be exercised sparingly with circumspection, in the ‘rarest of rare cases’. (The rarest of B rare cases standard in its application for quashing under Section 482 Cr.P.C
Matched in judgment text
Supreme Court of India21 Jan 2011Full text
2011 INSC 63 · [2011] 1 S.C.R. 929
rarest of rare casei. Whether a case falls within the rarest of rare case or not, has to be examined with reference to " the facts and circumstances of each case and the court has to take note
Matched in judgment text
Supreme Court of India16 Sep 2014Full text
2014 INSC 633 · [2014] 7 S.C.R. 822
victim of sexual violence must ordinarily be corroborated in material particulars except in the B rarest of rare cases. To insist on corroboration except in the rarest of rare cases is to equate a woman who
Matched in judgment text
Supreme Court of India3 Oct 2019Full text
2019 INSC 1114 · [2019] 15 S.C.R. 712
judgment reads as under: “13. The next question that arises for consideration is whether this is a “rarest of rare case”; we do not think that this is a “rarest of rare case” in which death penalty should
Matched in judgment text
Supreme Court of India12 Apr 2019Full text
2019 INSC 518 · [2019] 6 S.C.R. 1
case, rather the normative justification is founded in the Constitution as well as the jurisprudence of Cthe ‘rarest of the rare’ doctrine. It is now settled that the death penalty can only be imposed in the rarest … assess the inclusion of post-conviction mental illness as a determining factor to disqualify as a ‘rarest of the rare’ case
Matched in judgment text
Also on Law on Tips: Bare Acts · Legal news and analysis
2011 INSC 89 · [2011] 2 S.C.R. 367
life imprisonment on account F of the circumstances which could not be included within the category of rarest of rare cases which merited the death penalty. 23. Ms. Suri submitted that in the instant case also there … indicated that the offence had been committed in a manner which brought it within the ambit of "rarest of rare cases", for which anything less than the death penalty would be inadequate. Ms. Suri submitted that taken
Matched in judgment text
Supreme Court of India5 May 2017Full text
2017 INSC 448 · [2017] 6 S.C.R. 1
Crime against 1vomen. Death sentence - Rarest of rare cases - In the instant case, gruesome offences were committed with highest viciousness -Human lust was allowed to take such a demonic fonn - The accused may not be hardened criminals; but … night shocks the collective conscience of the society - The instant case clearly comes within the catego1y of 'rarest of rare case' where the question of H 4 SUPREME COURT REPORTS (2017] 6 S.C.R. A any other punishment
Matched in judgment text
Supreme Court of India2 Sep 2014Full text
2014 INSC 590 · [2014] 11 S.C.R. 1009
Supreme Court in all death sentence cases, and apart from death sentence being granted · only in the rarest of rare cases, two factors have impressed us .. The first is the.irreversibility of a death penalty. And the second … behind returning the verdict of death sentence is that it has to be H awarded in the rarest of rare cases. There may be aggravating MOHD. ARIF @ASHFAQ v. REGISTRAR, SUPREME 1031• COURT OF INDIA [R.F. NARIMAN
Matched in judgment text
Supreme Court of India10 Aug 2011Full text
2011 INSC 571 · [2011] 10 S.C.R. 56
even without any 8 reference to any other case law, we held this case to be the rarest of rare case. Similar sentiment was expressed by this Court in State v. Navjot Singh Sandhu [2005 (11) SCC … parallel in the history of Indian Republic, presents us in crystal clear terms, a spectacle of rarest of rare cases. The very idea of D attacking and overpowering a sovereign democratic institution by using powerful arms and explosives
Matched in judgment text
Supreme Court of India21 Feb 2019Full text
2019 INSC 247 · [2019] 11 S.C.R. 295
Awarding death sentence is an exception, not the rule, and only in the rarest of rare cases, the court could award death sentence. The state of mind of a person awaiting death sentence and the state of mind … CrPC.” 109. In Mohinder Singh v. State of Punjab8, this Court held:-“22. The doctrine of “rarest of rare” confines two aspects G and when both the aspects are satisfied only then the death penalty can be imposed
Matched in judgment text
Supreme Court of India12 Dec 2018Full text
2018 INSC 1194 · [2018] 14 S.C.R. 585
The rarest of rare dictum, as discussed above, hints at this difference between death punishment and the alternative punishment of life imprisonment. The relevant question here would be to determine whether life imprisonment as a punishment will … aim of reformation can be said to be unachievable. Therefore, for satisfying the second exception to the rarest of rare doctrine, the court will have to provide clear evidence as to why the convict is not fit for
Matched in judgment text
Supreme Court of India15 Feb 2011Full text
2011 INSC 125 · [2011] 4 S.C.R. 312
Sentence/Sentencing - Death sentence - Commutation to life, if warranted - 'Rarest of rare' test - Murder of sitting member of State Legislative Assembly - Accused-appellants were part of the coal mafia and deceased being opposed to F such activities incurred their … wrath and got killed - Trial Court convicted the appellants but did not find it to be a rarest of rare case and awarded them life sentence - High Court enhanced the sentence by imposing upon the accused-appellants the
Matched in judgment text
Supreme Court of India8 Feb 2010Full text
2010 INSC 89 · [2010] 2 S.C.R. 633
penalty in an extremely narrow set of cases, which is signified by the phrase 'rarest of the rare'. This rarest of the rare test relates to "special reasons" under Section 354(3). This F route is open … can suffice. [Para 44] [674-B-C] G 3,3, The test for the determination of the 'rarest of the rare' ca.tegory of crimes inviting the death sentence thus Includes broact criterions i.e. (1) the gruesome nature
Matched in judgment text
Supreme Court of India30 Sep 2013Full text
2013 INSC 660 · [2013] 11 S.C.R. 293
wiped off cannot be the sole criteria for determining whether the case falls into the category of "rarest of rare". Further, one cannot loose sight of the fact that brutality also cannot be the only criterion for determining … whether a case falls under the H 298 SUPREME COURT REPORTS [2013] 11 S.C.R. A "rarest of rare" categories. [Para
Matched in judgment text
Supreme Court of India19 Sep 2013Full text
2013 INSC 638 · [2013] 14 S.C.R. 297
conclusion it was said that the death penalty ought not to be imposed save in the rarest of rare cases when the alternative option is unquestionably foreclosed. Now, all these expressions "special reasons", "exceptional reasons", "founded on the … exceptional grave B circumstances''. "extreme cases" and "the rarest of rare cases" unquestionably indicate a relative category based on comparison with other cases of murder. Machhi Singh, for the purpose of practical application sought to translate this relative
Matched in judgment text
Supreme Court of India21 Aug 2015Full text
2015 INSC 591 · [2015] 10 S.C.R. 816
exercised by the Courts along judicially recognized lines and death E sentences awarded only in the rarest of rare cases. But just because the sentence of death is a possible punishment that may be awarded in appropriate cases … situations where Courts may consider awarding the extreme penalty. But, short of death in such extreme and rarest of rare cases, imprisonment for life for a proved case of kidnapping or abduction will not qualify
Matched in judgment text
Rajasthan High Court17 Aug 2026Full text
2026:RJ-JP:32991 · CRLMP/1728/2016
investigation to go on; iv) The power of quashing should be exercised sparingly with circumspection, in the ‘rarest of rare cases’. (The rarest of rare cases standard in its application for quashing under Section 482 Cr..P.C
Matched in judgment text
Supreme Court of India5 Feb 2013Full text
2013 INSC 74 · [2013] 4 S.C.R. 25
Machhi Singh and Ors. v. State of Punjab, (1983) 2 SCC 684, this Court expanded the "rarest of rare" formulation beyond the aggravating factors listed in Bachan Singh to cases where the D "collective conscience" of a community … case and a just balance had to be struck between aggravating and mitigating circumstances. F 20. "The rarest of the rare case" comes when a convict would be a menace and threat to the harmonious and peaceful
Matched in judgment text
Supreme Court of India13 Jan 2015Full text
2015 INSC 28 · [2015] 1 S.C.R. 667
order to come to the conclusion whether the case falls within the B ambit of the rarest of the rare cases. Though the incriminating circumstances proved by the prosecution unmistakably and unerringly lead to the guilt of the … find no fault in the impugned judgment that the case0 does not fall within the ratio of rarest of rare cases as envisaged by this Court. While considering the nature of offence we are of the considered opinion
Matched in judgment text
Supreme Court of India21 Jan 2022Full text
2022 INSC 80 · [2022] 3 S.C.R. 962
investigation to go on; iv) The power of quashing should be exercised sparingly with circumspection, in the ‘rarest of rare cases’. (The rarest of B rare cases standard in its application for quashing under Section 482 Cr.P.C
Matched in judgment text
Supreme Court of India21 Jan 2011Full text
2011 INSC 63 · [2011] 1 S.C.R. 929
rarest of rare casei. Whether a case falls within the rarest of rare case or not, has to be examined with reference to " the facts and circumstances of each case and the court has to take note
Matched in judgment text
Supreme Court of India16 Sep 2014Full text
2014 INSC 633 · [2014] 7 S.C.R. 822
victim of sexual violence must ordinarily be corroborated in material particulars except in the B rarest of rare cases. To insist on corroboration except in the rarest of rare cases is to equate a woman who
Matched in judgment text
Supreme Court of India3 Oct 2019Full text
2019 INSC 1114 · [2019] 15 S.C.R. 712
judgment reads as under: “13. The next question that arises for consideration is whether this is a “rarest of rare case”; we do not think that this is a “rarest of rare case” in which death penalty should
Matched in judgment text
Supreme Court of India12 Apr 2019Full text
2019 INSC 518 · [2019] 6 S.C.R. 1
case, rather the normative justification is founded in the Constitution as well as the jurisprudence of Cthe ‘rarest of the rare’ doctrine. It is now settled that the death penalty can only be imposed in the rarest … assess the inclusion of post-conviction mental illness as a determining factor to disqualify as a ‘rarest of the rare’ case
Matched in judgment text
Also on Law on Tips: Bare Acts · Legal news and analysis