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INTRODUCION
India is the largest democracy with the third largest economy on the planet. Political and financial improvements offered ascend to social complexities, which has prompted a tremendous increment in crime percentages. The State with the help of police apparatus and judiciary designed different approaches to control the increasing crime rates. The disappointment of the police division in capturing the offenders brought about lawbreakers going without any penalty and thereby lessening the impediment estimation of the punitive laws. To manage such prospects, the police forces started to depend on retributive measures, thereby offering ascend to "extra judicial encounters" or prevalently referred to in India as "encounters".
An encounter is a word utilized particularly in India, to depict extra-judicial encounters in which police or the armed forces are involved. Basically, encounters were uncommon, they were utilized as a method concocted to manage complex circumstances and as a methods for self-defense. Notwithstanding, in the 90's the uncontrolled ascent in extrajudicial killings by police, made grave questions with respect to the genuineness and reason or aim behind the encounters.
FAKE ENCOUNTERS
A "fake or staged encounter" happens when the police or the military slaughter the suspects when they are unarmed or in custody and the police reassure that they needed to shoot in self-defense. In such cases, the police may plant weapons and other things close to the dead body to give avocation to the slaughtering. To clarify the inconsistency between records that show that the individual was in police care at the hour of the "encounter", the police may state that the suspect had escaped. It implies that generally police encounters are staged in the nation.
VIOLATION OF ARTICLE 21
Article 21 of the Constitution ensures right to life and individual liberty. Right to life is one of the fundamental human rights and not even the state has the position to abuse this right. The state is obliged to secure the life of each individual and cannot deny responsibility on the ground that it is an instance of special case where a cop under grave incitement acted fiercely causing demise of the individual. In this way, the state is obliged to ensure the life of individuals against such a hostility and power utilized by any individual including the police themselves.
LAWS ON ENCOUNTER
It is relevant to take note that there is no provision in India that legitimately approves of encounters. Howsoever, there are certain empowering provisions, which might be understood to vest police with specific forces to manage crooks.
Indian Penal Code
Right to private defense is an inborn right of each individual, this is perceived through section 96 of IPC. It states that, “nothing is an offence which is done in the exercise of the right of private defence.” While IPC Section 100 identifies the circumstances wherein the right to self-defense of the body extends to causing death, right to self-defense begins when mere sense of risk to body emerges from an endeavor even though offense might not have been committed.
Criminal Procedure Code
Section 46(2) states that, “…If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest such police officer or other person may use all means necessary to effect the arrest.” It is obvious from the language of the section that law licenses to utilize all methods important to impact arrest of the individual by any means except in cases of minor offenses not punishable with death or life imprisonment.
Bombay Police Manual Rule 189
“(1)… If therefore an arrest cannot otherwise be effected the use of firearms to effect the arrest is justifiable and the police officer is protected from the consequence and even from the liability for the death of a person fired on under such circumstances, in case if the person to be arrested is accused of an offence punishable with death or transportation of life.
2)…. nothing deprives the police officer of his right of self defence if the resistance to arrest is such as would justified him in causing death in defence of his own person under section100 of IPC….
(3)When the offence is punishable with death or transportation of life and there is no other means of effecting the arrest of the suspected person, the resort to firearms is justifiable in-spite of any danger there may be of thereby wounding him and causing death.”
Thus law legitimizes utilization of guns in capturing the individual liable of an offense culpable with death or life imprisonment.
Bombay Police Act,1951
Section 28 of the said act states that a cop will be constantly considered to be on the job. So an officer is constantly vested with all the powers given by law, despite the fact that obligation period is finished.
JUDICIAL CASES
In spite of the fact that legal assessment upon this issue contrasts, it is fascinating to allude to certain decisions of various High Courts and the Supreme Court, remarking upon the authenticity of experiences. In Vandana Vikas Waghmare vs. State of Maharashtra[1], Bombay High Court held that, it is the obligation of the police worried to find a way to book the hoodlums under the law. The obligation of police association has gotten cumbersome and responsible and one should cease from crippling the police power and to deter them from carrying out their responsibility would be against open intrigue.
The Supreme Court in People's Union for Civil Liberties and Anr. vs. State of Maharashtra[2] set of 16 rules making it obligatory to examine supposed encounters to guarantee that examinations concerning police experiences are completed successfully and freely to guarantee that examinations concerning police experiences are done adequately and autonomously.
CONCLUSION
Along these lines, it is evident that police power has option to harm or murder the crook, for the sole and just reason for self-protection or where it is unavoidably fundamental for the upkeep of harmony and request. Anyway in no way, shape or form cop can be given an option to influence injury or demise of the individual, to settle individual fights or with any ulterior intention, which could be clear from realities of each case. It is upon the state to urge police force to hinder anti-social components and yet additionally to rebuff the murderers in the disguise of police.
[1] 1998 CriLJ 4295.
[2] CDJ 2014 SC 831.
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