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DEATH PENALTY: How SC's rarest of rare test has evolved

Death Penalty in India: How the Supreme Court’s Rarest of Rare Jurisprudence Has Evolved

Quick answer: India retains the death penalty, but the Supreme Court allows it only in the “rarest of rare” cases and insists on a full, individual sentencing hearing. The issue is in focus after the Court’s September 2026 ruling in Waris v. State of Madhya Pradesh.

Why the death penalty in India is in the news

In a judgment reported on 24 September 2026, a three-judge Bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi upheld the conviction of a man for the rape and murder of his six-year-old stepdaughter but replaced his death sentence with imprisonment for the rest of his natural life without remission, as reported by Bar & Bench. The State, the Court found, had not ruled out the possibility of his reform.

The ruling follows Vasanta Sampat Dupare v. Union of India (August 2025), where a Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta let a death-row convict approach the Court under Article 32 because the 2022 sentencing safeguards had not been followed, according to the Supreme Court Observer. With the 24th World Day Against the Death Penalty observed on 10 October 2026 (theme: “Stories for Life”), these rulings have revived debate on how India awards its harshest punishment.

Key facts about capital punishment in India

  • Rarest of rare test: laid down by a five-judge Bench in Bachan Singh v. State of Punjab (May 1980), which upheld the death penalty but required judges to weigh both the crime and the criminal.
  • Machhi Singh (July 1983): listed factors such as the manner, motive, anti-social nature and magnitude of the crime and the personality of the victim to help identify rarest of rare cases.
  • Shatrughan Chauhan (21 January 2014): held that unexplained and inordinate delay in deciding mercy petitions is a ground for commutation; 15 sentences were commuted.
  • Manoj v. State of Madhya Pradesh (2022): required trial courts to collect psychiatric, psychological, social-history and jail-conduct material on the accused before sentencing.
  • Pardon powers: the President under Article 72 and the Governor under Article 161 can grant pardon or commute a sentence.

How the Supreme Court’s approach has evolved

CaseYearWhat it changed
Bachan Singh v. State of Punjab1980Upheld death penalty; created “rarest of rare” doctrine and the balancing test
Machhi Singh v. State of Punjab1983Gave categories of crime to guide judges; later criticised for widening the scope of death sentences
Santosh Kumar Bariyar v. State of Maharashtra2009Declared the 1995 Ravji ruling per incuriam
Shatrughan Chauhan v. Union of India2014Delay in mercy petitions and mental illness treated as grounds for commutation; 14 days’ notice before execution
Manoj v. State of Madhya Pradesh2022Mandatory collection of mitigation material before sentencing
Vasanta Sampat Dupare v. Union of India2025Denial of a proper sentencing hearing can be challenged under Article 32; sentencing right linked to Articles 14 and 21
Waris v. State of Madhya Pradesh2026Death commuted to life without remission as State did not rule out reform

In short, courts have moved from judging mainly the crime to examining the person and his chances of reform.

Mercy petitions under Articles 72 and 161

After judicial remedies end, a convict can seek clemency from the President or the Governor. In Shatrughan Chauhan, the Court called this a “constitutional responsibility of great significance” open to judicial review on grounds such as unexplained delay. As summarised by PUCL, it also directed free legal aid to challenge rejection of mercy pleas and at least 14 days’ notice before an execution date, but fixed no deadline for deciding petitions.

Exam angle: how NDA, CDS and CAPF can ask this

  • Pardoning powers under Articles 72 and 161 are common polity questions.
  • Expect matching questions pairing landmark cases with their principles.
  • Articles 21 and 32 are often tested with case-law examples.

Practice MCQs

Q1. The “rarest of rare” doctrine was laid down in:
(a) Machhi Singh v. State of Punjab (b) Bachan Singh v. State of Punjab (c) Jagmohan Singh v. State of U.P. (d) Shatrughan Chauhan v. Union of India
Answer: (b) — a five-judge Bench decided it in 1980.

Q2. The power of the Governor to grant pardons is given under:
(a) Article 72 (b) Article 123 (c) Article 161 (d) Article 213
Answer: (c) — Article 72 covers the President.

Q3. Which judgment held that unexplained delay in deciding mercy petitions can justify commuting a death sentence?
(a) Manoj (2022) (b) Bachan Singh (1980) (c) Shatrughan Chauhan (2014) (d) Machhi Singh (1983)
Answer: (c) — it commuted the sentences of 15 convicts.

Q4. The Supreme Court’s 2022 guidelines on collecting mitigating information before sentencing are associated with which case?
(a) Manoj v. State of Madhya Pradesh (b) Waris v. State of Madhya Pradesh (c) Ravji v. State of Rajasthan (d) Bariyar v. State of Maharashtra
Answer: (a) — Manoj made psychological and social-history reports part of sentencing.

Frequently asked questions

What is the rarest of rare doctrine?

The rule from Bachan Singh (1980) that death may be given only in exceptional cases where life imprisonment is clearly inadequate.

What did the Supreme Court decide in Waris v. State of Madhya Pradesh?

In September 2026 it upheld the conviction but commuted the death sentence to life without remission, as the State had not excluded reform.

Who can grant pardon to a death-row convict in India?

The President under Article 72 and the Governor of a state under Article 161. Their decisions can be reviewed by courts on limited grounds such as unexplained delay.

What are the Manoj guidelines?

Issued in 2022, they require trial courts and the State to place psychiatric, psychological, social-history and prison-conduct reports on record before deciding whether to impose death.

When is the World Day Against the Death Penalty observed?

Every year on 10 October. The 2026 and 2027 editions carry the theme “Stories for Life”.

Also read on NCA: Legislative Council (Vidhan Parishad) | Monthly defence current affairs PDFs | CAPF coaching in Chandigarh

Sources: Bar & Bench, Supreme Court Observer, PUCL, LiveLaw, World Coalition Against the Death Penalty, Capital punishment in India (Wikipedia). Facts as reported up to 6 November 2026.

Featured image background: Pinakpani / Wikimedia Commons, CC BY-SA 4.0.

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Written by Hartaj Dhaliwal — Senior Faculty, NCA Academy Chandigarh. Retired defence officer with 15+ years of coaching experience for NDA, CDS, SSB and AFCAT.