“Analysis of the factors causing encounter killings with special reference to India.”

Abstract

Harassment by Police officials or police brutality is considered as more serious as crimes are done by the people controlling crimes (Harmon, 1972). Ironically, they tend to adopt these means of abuse of power or are encouraged to conduct encounter killings to maintain law and curb the rate of crime from increasing yearly. In an encounter killing the primary alibi is the right of private defence. The provisions do not distinguish between the kind of force either fatal or non-fatal that can be used. The recent guidelines of the National Human Rights Commission, India and the Supreme Court of India refer to the procedure to be followed immediately before the encounter (as soon as the tip-off is received) and after the encounter has occurred. The research paper attempts to look into the history of encounter killings and analyse the factors which empower the state to conduct an encounter killing. The paper is doctrinal.