EXTRA JUDICIAL KILLING

An extrajudicial killing ( also known as extralegal killing or extrajudicial execution ) refers to killing of a person by individual or governmental authorities without the sanction of any legal process. Such killings are most of time alleged to be fake encounters.

WHY WAS IT IN NEWS?

Extra Judicial Killing was very much in news in 2020. This happened because in July 2020, a criminal named Vikas Dubey was killed by Uttar Pradesh Police in an encounter. This is a case of extra-judicial killing. However, since many experts raised questions and demanded a judicial enquiry into the matter, an enquiry was formed to look into the encounter. The special investigation team was appointed to and it was given the task of investigating the criminal activities carried out by gangster Vikas Dubey and also the steps that were taken by the authorities.

LEGALITY OF EXTRA JUDICIAL KILLING

The only 2 circumstances in which extra judicial killing would not constitute an offence are;

  1. If death is caused in the exercise of the right of private defence(Section-96 of the Indian Penal Code IPC) and

Section 96: Things done in private defence Nothing is an offence which is done in the exercise of the right of private defence.

In order to justify encounter killings, the usual defense given by the Police is that the act of killing was necessary in order to save themselves from the attack made by the victims.

  1. Under Section 46of the Cr PC authorizes the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for life.

CONSTITUTIONAL PROVISION REGARDING EXTRA JUDICIAL KILLING

According to the Constitution of India, India is to be governed by the rule of law. According to the rule of law, the Constitution is the supreme power of the land and the executive, legislature and judiciary derive their authority from the constitution. The law has prescribed a procedure for criminal investigation which is present in the Constitution under Article 21 as the Right to Life and Personal Liberty. It is a fundamental right and is available to every person. Hence, it is the utmost responsibility of the police to work according to the Constitutional principles.

In Om Prakash v. State of Jharkhand[1] Supreme Court mentioned that “It is not the duty of the Police Officers to kill the accused merely because he is a dreaded criminal. The duty of the police is to arrest the accused and put them up for trial. The Supreme Court has repeatedly warned police personnel who liquidate criminals and project the incident as an encounter. Such killings must be deprecated. They are not recognized as legal by our criminal justice administration system. They amount to State – sponsored terrorism. But, one cannot ignore the fact that there are many cases where the Police are attacked and killed. In such circumstances, while the Police have to do their legal duty of arresting the criminals, they also have to protect themselves. Unless evidence is on record which establishes that their action was indefensible and mala fide , they cannot be subjected to prosecution”.

In Arnesh Kumar v. State of Bihar[2], the court said that “The Police has not come out of its colonial image. Despite 6 decades of independence the Police is largely considered as a tool of harassment, oppression and surely not considered a friend of the public”.

In Inder Singh v. State of Punjab[3], it was said that “This Court has in recent times come across far too many instances where the Police have acted not to uphold the law and protect the citizens but in aid of a private cause and to oppress the citizen. It is a trend that bodes ill for the country and it must be promptly checked.”

SUPREME COURT DIRECTIVES

In ‘People’s Union for Civil Liberties & Anr vs. State of Maharashtra and Ors’  a Bench of the Hon’ble Chief Justice of India Mr. R M Lodha and Hon’ble Justice Mr. Rohinton F. Nariman gave a 16-point procedure which is to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for effective and independent investigation.

CONCLUSION

Extrajudicial killing is illegal in every aspect. It violates the Constitution and cannot be justified even if the accused was involved in the most heinous crime. Lack of information and transparency surrounding these killings is the problem It’s the duty of the country’s justice system to lawfully try any person accused of a crime, not the law enforcement. It is against the democracy. It diminishes the nation’s founding values. It sends a message that it is all right to disregard and not follow the Constitution and  that it is fine to act outside the law.

[1] (2012) 12 SCC 72

[2] (2014) 8 SCC 273

[3] (1995) 3 SCC 702