Fake Police Encounter: A Serious impediment to Fair trial of Accused in India

  • Anurag Ankur
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  • Anurag Ankur

    Assistant Professor of Law, at Siddhartha Law College, Dehradun

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Abstract

Article 21 of the Constitution states, “No person shall be deprived of his life or personal liberty except in accordance with the procedure established by law.” This means that before depriving a person of his life, the state is required to put up that person on trial in accordance with the provisions of the Criminal Procedure Code. Fake encounters, on the other hand, completely sidestep and circumvent this legal procedure, as they really mean bumping off someone without a trial. Hence, such encounters are totally unconstitutional & in total negation of the Principles of Rule of law & constitutional propriety. They are naked abrogation of Human rights & fundamental principles of Criminal jurisprudence which postulates that an accused is presumed to be innocent until proven guilty by a Court of Law, rising cases of fake encounters in India has tarnished the Image of India at global level on human rights index & given a bad taste to our goodwill at International Forum. Recently, there has been a sporadic & considerable rise in the cases of Fake encounters in our country which is a dangerous precedent & such street justice is not at all acceptable in a civilized society governed by Rule of law. In the current article, author intends to examine the meaning & facets of Fake Encounters in India, legal & Constitutional mechanisms enumerated in India & various International instruments which cover the field. There has also been brief mention of various judgments of Supreme court of India at relevant places which has heavily criticized this illegal practice & has called for exemplary punishment to delinquent Cops who indulge in such unlawful activities & literally called them” Cold-blooded Murderers”.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 598 - 607

DOI: https://doij.org/10.10000/IJLMH.111939

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