Extra-Judicial Killings: The Impact On Society And Justice

Diya Pradeep, B.A. LL.B, Christ Academy Institute of Law, Bengaluru

ABSTRACT

Extrajudicial killings refer to the unlawful and often systematic use of lethal force by state actors, such as law enforcement agencies or security forces, outside the legal framework of due process. In a nation that upholds democratic values like India, where the Rule of Law is paramount, incidents of human rights violations like this should not be tolerated. Unfortunately, there has been a significant rise in the occurrence of encounter cases in India, which poses a grave danger to the foundations of democracy and the safeguarding of individual freedoms. This alarming trend raises questions about the accountability and integrity of institutions responsible for upholding the law. Despite being viewed as “draconian”, the Code of Criminal Procedure, 1973 has established the procedure that outlines the criminal administration from the moment of arrest to the subsequent trial and beyond. The police force is subservient to the laws of the country and hence holds no authority to act beyond the powers that have been vested in them. The failure of our criminal justice system and the violation of human rights are evident when law enforcement officials in our nation decide to act independently, disregarding established legal procedures. The factors contributing to extrajudicial killings in India and aspires to contribute to a broader understanding of the challenges and potential solutions surrounding this grave human rights concern.

Keywords: Extra Judicial Killings, Criminal Law, Encounters, Human Rights, Rule of Law, Code of Criminal Procedure, 1973.