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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

EXTRAJUDICIAL KILLING

– Neha Gupta

INTRODUCTION

An extrajudicial killing is the killing of a person by governmental authorities without holding any judicial proceeding. Extrajudicial killing is executing a person illegally. It disregards human rights. It is the practice of unlawfully killing of any person without any sanction or legal process, by government authorities. The investigation hardly takes place, there is not even the proper complaint filed. It straight away violates the human rights of individuals, denying them any opportunity of contacting their legal representatives or legal advisors.

This might very well be an indication that the public is losing trust in our judicial system and in the principle of rule of law. Extra-judicial killings in the form of fake encounters are an attack on the Fundamental Rights.

The common excuse given by the police for carrying out such killings is that the accused had snatched the pistol of one of the policemen and opened fire.

REASONS FOR EXTRAJUDICIAL KILLING

1. lack of faith in the judiciary

2. incentives to the teams involved in the encounter

RULE OF LAW

There is a procedure which is been prescribed by the law for criminal investigation which is in the Constitution under Article 21[1] as the Right to Life and Personal Liberty. It is fundamental, non- derogable and is available to every person. Even the State cannot violate that right.

The governmental authority should be following all the Constitutional Principles and make sure that the rights are not infringed.

There is this fact NO ONE IS ABOVE THE LAW.

NHRC

According to NHRC (National Human Rights Commission) guidelines in encounter cases says that Extrajudicial killing wouldn’t be considered as offence in two cases.
Under Section-96[2] of the Indian Penal Code (IPC), every human being has the right to private defense which is a natural and an inherent right.
Section-46[3] of the Criminal Procedure Code (CrPC) authorises the police to use force, extending up to the cause of death, as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for life.

VIKAS DUBEY ENCOUNTER

Vikas Dubey was arrested on 9 July by the Uttar Pradesh Police in Ujjain, Madhya Pradesh after eight policemen were killed in an attempt to arrest him in Bikru village near Kanpur, Uttar Pradesh on 2 July.

The incident occurred when Vikas Dubey was being escorted to Kanpur after the arrest. The Uttar Pradesh police have alleged that Vikas Dubey was killed in ‘self-defence’ when he snatched the firearms from the police after the car in which he was being taken overturned, and started firing at the policemen. One of the five associates of Vikas Dubey, 20-year old Prabhat Mishra was also killed in ‘self-defence’ when he allegedly snatched the firearms from a policemen and started firing at them.

FEW IMPORTANT SECTIONS

1. Article 21[4] of Indian Constitution protects the life and liberty of every person by establishing ‘due process’

2. Article 20[5] of Indian Constitution ensures that no person is punished beyond what is mandated by law

3. Article 22[6] of Indian Constitution which lays down absolute rights for an accused to be defended by a lawyer in a court of law.

4. Section 49[7] of the Indian Criminal Procedure Code grants several rights to arrested persons, as it specifically states that there shall be no more restraint than is justly necessary to prevent escape.

CASE LAWS

1. Name of the case – PUCL vs State of Maharashtra case[8] (2014)

Issue – Genuineness of 99 encounters by Mumbai Police

Decision – A guidelines of 16 points was laid as a standard procedure for the investigation in cases of death during police encounter. Few of them are:

a) Record tip-off

b) Registering FIR:

c) Inform NHRC

d) Prompt Action

2. Prakash Singh & Ors vs Union Of India And Ors[9] on 22 September, 2006

Apex court in this case had directed all the states to establish a Police Complaint Authority (PCA), which would be an independent institution to look into the complaints of misconduct in cases of custodial death and torture. A retired judge of the Supreme Court or High Court is appointed as the chairman of the PCA at State level by the State Government upon recommendation from the Chief Justice of the High Court of that particular State.

SUGGESTION

The investigation of extrajudicial killing must done thoroughly as it affects the Rule of law. NHRC should become more careful about the rights of citizen. No matter a person is detained or not he or she have certain rights and it shouldn’t be infringed. In this era it the emerging need of hour for Police Reformation.

CONCLUSION

The term Extra Judicial killing is not new it has a deep past. The phenomenon of fake encounters brings great disrepute to the image of a country that is a constitutional democracy and claims to uphold the principles of the rule of law and natural justice. There would be no end if harsh steps are not taken, as the each and every Citizen of India has fundamental rights and it shouldn’t be infringed be it a person is behind the bars or is free. The fundamental rights is same for everyone.

[1] Article 21 in The Constitution Of India 1949 states that Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law

[2] Section-96 of the Indian Penal Code (IPC), every human being has the right to private defense which is a natural and an inherent right.

[3] Section-46[3] of the Criminal Procedure Code (CrPC) authorises the police to use force, extending up to the cause of death, as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for life.

[4] Article 21[4] of Indian Constitution protects the life and liberty of every person by establishing ‘due process’

[5] Article 20[5] of Indian Constitution ensures that no person is punished beyond what is mandated by law


[6] Article 22[6] of Indian Constitution which lays down absolute rights for an accused to be defended by a lawyer in a court of law. 


7] Section 49[7] of the Indian Criminal Procedure Code grants several rights to arrested persons, as it specifically states that there shall be no more restraint than is justly necessary to prevent escape 

[8] PUCL vs State of Maharashtra case CRIMINAL APPEAL NO.1255 OF 1999

[9] Prakash Singh & Ors vs Union Of India And Ors on 22 September, 2006 CASE NO.:Writ Petition (civil) 310 of 1996

6 thoughts on “EXTRAJUDICIAL KILLING”

  1. Also it is very interesting to know that in all such cases of encounters the person who is already in the custody of big group of policemen gets easily or snatched easily a pistol for attacking on policemen .How? Strong action must be taken against those security persons who even can not hold his gun and gun is easily snatched by a person who is already in their custody and encounter takes place. Ridiculously such policemen are awarded by state…
    Think over this point also legal friends.
    Good article

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