Understanding Encounter Killings: A Comprehensive Overview

Encounter killings have frequently made headlines in India and across the world. These controversial incidents involve the use of lethal force by law enforcement agencies, often the police, against individuals who are accused of criminal activities.

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 In this in-depth exploration of encounter killings, we will delve into their definition, the rules governing police encounters, their prevalence in India, and the associated legal and ethical issues.

Encounter Killings in News Headlines

Recent headlines highlight the prevalence and public perception of encounter killings:

• Hyderabad Vet Rape Case: Four accused individuals in the rape and murder case of a veterinarian were killed in an encounter with the Hyderabad Police. According to reports, the police opened fire after the accused attempted to escape with an officer's weapon.

Extrajudicial Killings

Encounter killings fall into the category of extrajudicial killings, which are executions carried out by the state outside the due process of law. In India, the death penalty can only be awarded by the Supreme Court after following the due legal process. Extrajudicial killings raise critical questions about legality and ethics.

Why do encounter killings receive public support?

One significant reason is the frustration of the common man with the slow pace of justice delivery. In many cases, accused individuals are not convicted due to insufficient evidence. Encounter killings are sometimes seen as a way to ensure swift justice.

Encounter Killings – The Problem

While some perceive encounter killings as a solution, they pose several concerning questions:

• What if individuals killed in encounters are innocent?
• What if authorities misuse their power?
• What if these killings eliminate crucial evidence of other parties involved?

The rule of law, a fundamental principle in a democratic society, seeks to prevent arbitrariness and uphold justice.

History of Extra-Judicial Killings in India

India has witnessed multiple instances of encounter killings, particularly in states like Maharashtra, Tamil Nadu, and West Bengal. Manipur and Uttar Pradesh have gained notoriety for extrajudicial killings. In many cases, the police have taken on the roles of both investigators and judges.

Is Encounter Killing an Offense?

Encounter killings can be legally justified only in two circumstances:

• If death occurs during the exercise of the right of private defense.
• If it is necessary to arrest a person accused of a crime punishable by death or life imprisonment, under Section 46 of the Criminal Procedure Code (CrPC).

Extrajudicial Killing for Self-Defense vs. Extra Judicial Killing as Retaliation

The Supreme Court has emphasized the distinction between self-defense or private defense and the use of excessive force or retaliation. While self-defense can be used to protect oneself, it cannot be employed for retaliation.

What if the Encounter Killings are Fake?

In some cases, encounter killings are premeditated. These incidents may not be acts of self-defense or retaliation but rather planned murders by police authorities. Addressing such cases is critical for upholding the rule of law.

Investigating Deaths at Police Hands: The Supreme Court's Guidelines

The Supreme Court of India outlined a 16-point guideline for cases involving death or grievous injury in police encounters. These guidelines aim to ensure transparency and accountability:

• Recording tip-offs about criminal activities.
• Registering an FIR for deaths resulting from police firearm use.
• Conducting investigations by an independent CID team.
• Mandatory magisterial inquiry into all encounter deaths.
• Informing the NHRC or State Commission immediately.
• Providing medical aid and recording statements of injured individuals.
• Ensuring prompt trial and informing next of kin.
• Disciplinary action against guilty officers.
• Compensation for victims' kin under the CrPC.
• Surrendering weapons for investigation.
• Informing the family of the accused officer and offering legal counsel.
• No out-of-turn gallantry awards for officers involved.
• Allowing victims' families to complain to the Sessions judge.

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Conclusion

In a society governed by the rule of law, extrajudicial killings, except in cases of self-defense, are unacceptable. Upholding the rule of law means that every individual, even the worst criminal, is entitled to basic human rights and due process. "The rule by gun" should never take precedence over "the rule of law." The fundamental premise of the rule of law is that justice must prevail, fairly and impartially, for all.

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