The question (15 marks)
Explain the rarest of rare doctrine. Why did the Supreme Court decline to lay down standards for the imposition of the death penalty? (15 marks)
MU Module III, capital punishment; chapter on sentencing and capital punishment, and the briefs on Bachan Singh, Machhi Singh and Allauddin Mian.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · The Police, Penology and the Theories of Punishment of Criminology and Penology.
Authorities you will need
- Bachan Singh v State of Punjab, Constitution Bench
- Machhi Singh v State of Punjab
- Allauddin Mian v State of Bihar
- Rajendra Prasad, disapproved on the crime and criminal question; Jagmohan, on judicial discretion; Mithu v State of Punjab, striking down section 303
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.