Student at The WB National University of Juridical Sciences, Kolkata, India
We have witnessed, in many occasions, the Indian Judicial System quoting “Denial of ‘timely justice’ amounts to a denial of ‘justice’ itself’ however, could it justify extra juridical killings? This is the fundamental question our research will aspire to cover. This tool of “instant form of justice and punishment” is commonly referred to as “encounter” killings. Not so long ago, we witnessed a heinous rape case against a 26-year-old veterinary doctor in Shamshabad, near Hyderabad. Interestingly, all the four suspects were shot dead a few days later in a police encounter. Although there was a widespread appreciation of the police; however, at the same time, people started questioning the legitimacy of this act by the authorities. It is therefore essential to understand and acknowledge the mindset and the intentions of the police, victims and especially law in regards to the practice of extra-juridical killings in India. We have also witnessed very recently the Police Encounter of one Vikas Dubey, who was charged with the killing of 8 police officers recently. Using Section 46 (2) of the CrPC, there have been many instances of justifications given by the police authorities. This paper would be focusing on the need for police reforms and an analysis of various sections in the CrPC, which could be amended to prevent the misuse of powers as granted to the police.
International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 865 - 874DOI: https://doij.org/10.10000/IJLSI.11817
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