Legal Validity of Encounter Killings under Indian Criminal Jurisprudence
Introduction:
Encounter killings — deaths of alleged criminals during police operations — have been a contentious issue in India. While often portrayed as necessary to combat crime or terrorism, such killings raise serious questions about extrajudicial executions, rule of law, and constitutional rights. Indian criminal jurisprudence does not expressly authorize "encounters," and their legality depends on the circumstances under which they occur.

I. Constitutional and Legal Framework
Article 21 – Right to Life and Personal Liberty:
The right to life cannot be taken away except by procedure established by law.
An encounter killing is legal only if it falls within the framework of lawful self-defense or a lawful act of public duty.
Indian Penal Code (IPC):
Section 96–106 IPC: Provides the right of private/self-defense to any person, including law enforcement. However, the use of force must be proportionate and necessary.
Section 299 & 300 IPC: Killing a person amounts to culpable homicide or murder unless protected by exceptions (e.g., self-defense).
Section 100 IPC: Allows killing in self-defense only when there is a reasonable apprehension of grievous hurt or death.
Criminal Procedure Code (CrPC):
Section 46(2) CrPC: A police officer may use force, even causing death, to arrest a person accused of an offence punishable with death or life imprisonment — but only when such arrest is resisted.
Section 197 CrPC: Offers limited protection to public servants for actions done in the discharge of official duties, but this does not apply to fake encounters.
II. Judicial Precedents
Prakash Kadam v. Ramprasad Vishwanath Gupta (2011)
The Supreme Court held that fake encounters are nothing but cold-blooded murders and police officers committing them should be prosecuted and sentenced to death in the rarest of rare cases.
People’s Union for Civil Liberties (PUCL) v. State of Maharashtra (2014)
A landmark judgment where the Supreme Court laid down 16 guidelines to be followed in case of police encounters, including:
Mandatory registration of FIR
Independent investigation by CID or another police station
Magisterial inquiry
Judicial review and reporting to NHRC
Om Prakash v. State of Jharkhand (2012)
The Court held that there is no blanket immunity for police officers and encounter killings must be thoroughly investigated.
III. NHRC Guidelines (1997 & revised):
The National Human Rights Commission mandates:

Immediate registration of the case Independent investigation Compensation to victims' families
Disciplinary action against guilty officers.

Encounter killings, often referred to as extra-judicial killings, raise serious concerns under Indian criminal jurisprudence, as they challenge the fundamental principles of **rule of law**, **due process**, and the **right to life** under **Article 21 of the Constitution**. Indian law does not give any special immunity to police officers to kill anyone without judicial sanction. Every killing by the police must be justified under the **exceptions provided in the Indian Penal Code (IPC)**, particularly **Section 96 to 100 (Right of Private Defence)** and **Section 300 Exception 3**, which allow use of force in self-defence or to prevent crime, provided it is proportionate and necessary. If a police officer kills someone in an alleged encounter, it must be proven that the act was in self-defence or under lawful authority; otherwise, it amounts to **culpable homicide or murder**.

The Supreme Court in *People’s Union for Civil Liberties (PUCL) v. State of Maharashtra* (2014) laid down **16 guidelines** to be followed in cases of police encounters, including mandatory registration of FIR, independent investigation, magisterial inquiry, and involvement of the NHRC in grave cases. These guidelines aim to ensure accountability and prevent fake encounters. Moreover, the NHRC also treats encounter deaths as custodial deaths, necessitating detailed reporting and inquiry.

Thus, while Indian law does not outright ban encounter killings, their **legal validity depends entirely on whether the killing was justified under legal provisions** and whether due process was followed. Any staged or fake encounter is a **criminal offence** and punishable under ordinary criminal law. Therefore, encounter killings occupy a highly sensitive space in Indian law, where the state’s duty to maintain order must not override the citizen’s constitutional and human rights.

Encounter killings, or extrajudicial killings by law enforcement, are generally viewed as illegal under Indian criminal jurisprudence. While the law provides for the use of necessary force, including causing death, in self-defense or to prevent a crime punishable by death or life imprisonment, these situations are strictly defined and subject to stringent legal scrutiny. The Supreme Court and the National Human Rights Commission (NHRC) have issued guidelines for investigating and handling cases of encounter killings to ensure accountability and prevent abuse of power.