Extra Judicial Killings

Introduction

Extrajudicial refers to something that is done beyond or without the authorization of the judicial system. Extrajudicial killing is known as extra-judicial execution. It happens when someone in an official position kills a person with the help of a prepared plan that is restricted by law. No investigation takes place and there isn’t any filing of complaints.

Unlawful killings are different in every county, following are the countries where such acts are practiced –

Iraq, Pakistan, Turkey, Russia, India, Indonesia, Mexico,  Thailand, Philippines, and Ethiopia.

A  survey conducted in 2019 of police showed that one in five police personnel felt that killing criminals are good rather than a legal trial. Three in four believed that it was fine to be violent towards criminals. This act is unlawful in nature and is mostly carried out by the state government or other authorities of the state like the armed forces, police forces and etc.

History

In past, the code of Manu was followed in States. In ancient times the king was considered the judge, and the state was controlled by his officials as jury and executioner. Sometimes officials torture offenders and ask them to accept that they had committed a crime that they did not have committed. Such ill-treatment and tortures lead to the death of an offender and are known as extrajudicial killing.

When India became independent from the Britishers there were many cases where fake encounters were discovered. The modern police with the support of section 46 of Cr.P.C. and section 96 of IPC encounter an before the trial. They try to twist the facts to show that the killing was legal so that it cannot be questioned by anyone.

In the Mathura rape case, police committed fake encounters and sexual harassment, where two policemen raped a young tribal girl in their custody, and later on, they were also not guilty according to the Supreme Court.

How Extrajudicial Execution Violates The Fundamental Rights Of An Offender

The Constitution ensures that offenders would get enough protection according to laws. What about the fundamental rights of a person who is accused which are said to be contravened if illegal encounters take place —

Article 14-

According to this article natural Justice implies fairness, reasonableness, and equality. Article 14 of our constitution provides for equal access. Everybody has the right to be treated equally; he must not be discriminated against on any ground. Here offenders are encountered on the ground because they were offenders. The Law provides for a fair trial, not injustice by violating someone’s right to equality.

Article 21-

According to article 21, everyone has the right to live their life with dignity and the accused have it too. Police shoot them and violate their fundamental right by taking their right to life.

They had no right to kill them in such an illicit way.

Practicing extrajudicial execution is not a lawful way because it may lead to a breach of the fundamental rights of the accused and also a violation of natural justice. Here Police by taking the law into their hands are liable of extrajudicial execution. Law limits the powers of the police so no one can misuse their powers. Law itself is enough for punishing, then why do such an act that is not even permitted by the Law?

Laws are introduced so that there can be fair dealings and justice. Those who are responsible for its implementation are themselves exercising their duties in a wrongful way. Police have no right to commit such action or to do anything they want to do. If they commit such an act they are liable for endangering the law and order situations. It is mandatory for police to take the accused person to the nearest magistrate within 24 hours under article 21 but sometimes the accused are murdered before their trials.

Reasons For Fake Encountering

Greed for money:- Main reason for the fake encounters is to be greedy for money. Generally, police extract money from the commission of such an act.

For example – X committed theft during the inquiry police beat him and kept torturing him until he gave them cash. Such situations promote corruption too.

Work pressure:- When there is a commission of a crime the police are being pressured from various sources for better performance and for speedy investigation. During such investigations, they have to do critical tasks and complicated situations. Police oftentimes found unlawful killing methods as a  shortcut to justice.

Lack of proper training:- In absence of lawful acknowledgments the police authorities bring about an increment of third-degree techniques. The acknowledgment must be given to police and to their subordinates directing them not to be cruel towards the public.

Can Police Be Liable For Murder When They Had Committed Extra-Judicial Execution?

Fundamental rights are not absolute rights and can be enjoyed only when there is no breach of fundamental rights on the part of another person. If someone committed a crime and is imprisoned then he cannot ask for the right to freedom because it is restrained by the Law. Sometimes police state that the accused were trying to escape and they found no other way to shoot them. Under IPC police are entitled to the right of using private defense if an accused snatches the gun from their hand. Under the following provisions, police cannot be liable for murder. The Indian penal code gives everyone the right to exercise private defence of body and property to every individual.

IPC Section 96 of IPC-

Nothing is an offense, which is done in the exercise of the right of private defence.

Section 100 of IPC–

When the right of private defence of the body extends to causing death

Section 46 of Crpc – Arrest how made

A statement under sub-section (2) of Section 46 of Crpc

If an accused person tries to escape, it’s sufficient to understand that they attempted to evade the arrest, so Police to stop them from escaping may use all means that are considered necessary to arrest that person.

Section 300 of IPC exception 3-

Culpable homicide is not murder if the offender is a public servant for justice, exceeds the powers given by law to them, does such an act in good faith, believes to be lawful and necessary for expecting his duty as such public servant causes death, and without ill-will towards the person whose death is caused.

Role of NHRC in Extra Judicial Killings

According to NHRC, 44 cases of deaths in police encounters were reported that year in UP. In 2020 Against 111 cases of fake encounters documented by the NCAT only 90 cases were documented by NHRC; only three cases of encounter killings were registered in that year.

The Court directed that these norms must be strictly observed in all cases of death and grievous injury.

Reports Showing Unlawful Killings in India

Chhattisgarh, Bihar, Nagaland, and Karnataka are more likely to use extrajudicial means to resolve matters,” said the survey. They punish the criminals themselves rather than a long procedure of a legal trial.” According to them, justice delayed is justice denied.

According to data from 2017-2020 nearly 37% of those killed in “encounter” deaths in UP were Muslims, who made up 19% of the state’s population. In March 2018 there were six fake encounters in 2017-18 in UP.

In March 2018 there were six fake encounters in 2017-18 in UP. According to (NHRC), 44 cases of deaths in police encounters were reported that year in UP.

In 2020 Against 111 cases of fake encounters documented by the NCAT only 90 cases were documented by NHRC; only three

Conclusion

Unlawful killings by government officials and other powerful groups are prevailing on a high scale in most countries. Reports are filed but were never investigated or examined carefully. Yet there are no strong laws framed that can stop this practice. In India, mostly non-government organizations actively participate in such harsh methodology.

A fair trial shall be there and everything should be done according to the provisions of the law, no acts should be committed that are allowed by the Law. Stringent laws ought to be made so government officials are not able to do what they desire. People shall be familiar with the rights that are provided by the Constitution.

This article has been submitted by Anisha Sharma.