Judicial Trends in Gender-Based Offences: An Analytical Study of the 'Rarest of Rare' Doctrine

Abstract

This study provides an in-depth examination of capital punishment in India, tracing its historical roots and analyzing its application in modern times. The research focuses on the Doctrine of Rarest of Rare Cases, a guiding principle for courts in awarding death penalties. The study scrutinizes landmark cases, including Bachan Singh v. State of Punjab and the Nirbhaya case, to understand the judicial trends and nuances of capital punishment. The analysis extends to gender-based offenses, exploring the application of the Doctrine in rape and murder cases. The research highlights the complexities of capital punishment in India, balancing the severity of crimes with societal needs. By examining the jurisprudence surrounding capital punishment, this study aims to contribute to a deeper understanding of its role in the Indian justice system. The findings of this research underscore the significance of careful consideration and rigorous judicial scrutiny in capital punishment cases. The study's insights into the Indian judiciary's approach to heinous crimes can inform discussions on the efficacy and ethics of capital punishment, ultimately contributing to a more nuanced understanding of this contentious issue.