The legality of encounters in India is a complex issue, despite the guidelines laid down by the Supreme Court and the strict provisions of the CrPC, and there are laws in place to govern such situations, though encounters continue to be a controversial issue in the last few years. In India, encounters are considered legal only if they fall under the purview of Section 46 of the Criminal Procedure Code (CrPC) and the provisions of Section 96 to Section106 of The Indian Penal Code(1861) covering the aspects of the right of private defence, that states that a police officer can cause the death of the accused, depending upon the circumstances, during the course of arrest, if the accused is charged with an offence that carries a punishment of death sentence or life imprisonment. However, the reality on the ground is often different, and encounters are often carried out in a manner that raises questions about their legality and ethics.
In recent years, the encounters have become a tool for police brutality and extra-
judicial killings. The lack of proper investigation and prosecution has led to a culture of impunity, where the police can get away with committing these acts. And these encounters by the Uttar Pradesh (UP) police have come under scrutiny for their frequency and the circumstances surrounding them. In 2017, for example, the police in the state of Uttar Pradesh killed over 40 alleged criminals in a series of encounters. These encounters were carried out as part of a "zero tolerance" policy towards crime, which was implemented by the state government. Many of these encounters were criticized for being carried out in a manner that violated the law, and for being motivated by political considerations rather than a genuine desire to protect the public. One such encounter took place in July 2018 when the police claimed to have killed five criminals in an encounter. However, it was later revealed that the men were innocent and had no criminal record. In 2019, the UP Police claimed to have killed 103 criminals in encounters, which was the highest number of encounters in the country. Then in July 2020, one of the most controversial encounters carried out by the UP Police in recent years was the killing of Vikas Dubey. He was accused of multiple murders and was being transported to Kanpur from Ujjain, where he had surrendered to the police. While on the way, the police vehicle carrying Dubey overturned, and he reportedly tried to flee. The police claimed that they had to open fire in self-defense, resulting in Dubey's death. And the most recent encounter took place on 15th April 2023, Atiq Ahmad's son and his brother Ashraf were shot dead while they were being taken for medical examination.
The legality of encounters in India is a complex issue that requires a nuanced understanding of the law and the realities of policing in the country. While the police have the right to use force in certain situations, they must always do so in a manner that is proportionate and necessary. The use of lethal force should always be a last resort, and the police must follow proper procedures to ensure that they do not violate the law. When encounters are carried out in a manner that violates the law, it undermines the rule of law and erodes public trust in the police. It is therefore essential that the police are held accountable for their actions, and that they are subjected to strict scrutiny to ensure that they act in accordance with the law at all times.
Data Courtesy: UP Police, Indian Express, The Hindu, BBC
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