CHAPTER I

Introduction
“To deny people their human rights is to challenge their very humanity.”1
-Nelson Mandela

1.1 Criminal Justice System in India

Voltaire, in ‘Zadig’, which was published in 1748, wrote that the guilty should be spared
rather than the innocent be condemned. Blackstone agreed with the same by stating that under
the law, few individuals who are guilty escape rather than an innocent man is aggrieved.2
When a person is accused of committing some offence, he will be arrested and has to be
presented before a magistrate before the completion of 24 hours. He must be taken for a
medical examination. The charges against him are noted, and then the case is tried in a court
with the appropriate jurisdiction. When an encounter occurs, the person killed does not get a
chance to convince the authorities of his innocence, being a common man. This violates his
right to natural justice, his right to life and personal liberty and the human rights of an
individual, which questions the reliability of the Criminal Justice System.

1.2 Definitions of Encounter Killings

An operational definition will be used to define encounter killings, as both the terms
extrajudicial and encounter killings are usually used interchangeably.

Encounters are considered to be the random killings of persons where the foremost cause to
conduct an encounter killing is to instil fear in the minds of citizens for the governance of the
state and to disembark from the focus of democracy, which is a prominent feature in the
functioning of any state.3

1
Amnesty International, 15 inspiring human rights quotes, AMNESTY INTERNATIONAL CAMPAIGNS (Oct. 30,
2015, 7:30 PM), [Link]
2
Jeffrey Reiman and Ernest Van Den Haag, On the Common Saying that it is Better that Ten Guilty Persons
Escape than that One Innocent Suffer: Pro and Con, Vol. 7 No. 2 SOC. PHILOS. POLICY 226, 226 (1990).
3
Harsh Mander, Towards Peace, Democracy and Justice: Committee of Concerned Citizens, 39 (12) EPW 1206,
1206 (2004).
Vandini Sharma (15019001005) Page | 1
Encounter Killings are believed to be synonymous with extra-judicial deaths caused by the
police in a staged encounter where the accused people are targeted and killed while exercising
power to arrest and the police’s right to defend their own selves and their lives.4

1.2.1 Extra-Judicial Killing

“The term ‘extrajudicial killing’ in its unique connotation refers to homicides that
have been committed outside the legal framework without the prior judgement of any
court.5 Supporters of Extra Judicial killings view it as a necessary measure to reduce
the threat of crime and terrorism in India.”6

Encounter Killings are homicides which are committed without following the legal process
and without the knowledge of the court. When an individual is accused of a crime, as per the
law, he can only be arrested and presented before the Magistrate within twenty-four hours. He
is entitled to a medical checkup and be represented by a lawyer if he cannot afford one
himself. By committing his death in a fake encounter, the right to a fair trial of an individual
is violated. As per provisions of arrest in the CrPC, 1973, while effecting an arrest, no police
officer can use force more than necessary and cannot cause death. If the police are fired at,
then the officers can fire at the accused to save themselves, but in the instances of fake
encounters, the reason for self-defence is not applicable. Once an encounter takes place, the
first step is to identify whether the encounter is genuine or fake. If an encounter is fake, then
the officer/s can be charged with punishment for murder as per the Indian Penal Code, 1860.

1.2.2 Encounter Killings by Police

One interpretation of encounter killing is that the police receive a tip-off of a criminal, and
then they rush to arrest him and to prevent him from fleeing, he is fired at. Another
interpretation is that the police are transferring the accused/victim from one place to another
and attempting to run away during the journey.7 In both these scenarios, the narrative is quite
standard, where the police are fired at by the accused/victim in his attempt to evade arrest, and
then the police officers are made to fire in self-defence.

4
Sudha Ramalingam and R. S. Akila, The Right to Life Endangered, 6 SOCIO-LEGAL REV. 142, (2010).
5
Anne Lanfer, Extra-Judicial Killings-A Human Rights Crisis, Vol. 2 No. 2 OBSERVER 4, 4-5 (2010).
6
A. G. NOORANI & SOUTH ASIAN HUMAN RIGHTS DOCUMENTATION CENTRE, Extra-Judicial Killings, in
CHALLENGES TO CIVIL RIGHTS GUARANTEES IN INDIA 35 (Oxford University Press, 2012).
7
Naureen Shah and Meenakshi Ganguly, Broken System: Dysfunction, Abuse, and Impunity in the Indian Police,
HUMAN RIGHTS WATCH, 1, 86 (2009) [Link]
Vandini Sharma (15019001005) Page | 2
The definition of a ‘bonafide’ encounter by a police officer encapsulates the idea of an
operational definition which would define the framework to pursue the research.

“Police encounter means- when the criminal has come in order to commit a crime and
at that time police get definite information-and on this definite information, police lay
a trap, and then we try as far as possible to arrest him. But while arresting, the
criminal fires in the direction of the police to avoid his arrest, and with the intention
of killing the police. At that time, for our own defence, even after giving him a
warning, the criminal does not heed it, then there is cross-firing, and he gets injured
and dies in the hospital, or even before that.”8

If the police have certain information that a criminal is about to commit a crime, and based on
the same information, the police plan to entrap the presumed accused and arrest him.
However, while effecting the arrest, the accused fires at the police or towards the police so
that he can evade his arrest or with the motive to kill the policemen. Then, at that given point
in time, the police warn him to follow the instructions, but if he still does not follow the same
and fires at the police, then in that cross-fire, the accused may get injured or die on the spot,
on the way to the hospital or at the hospital.

1.2.3 Characteristic Features of Alleged ‘Fake Encounter’ Killings

a) The encounters usually occur early in the morning so that the police officers are the only
witnesses to the entire incident.9
b) The police usually claimed that they fired at the suspect in self-defence and that he died in
return fire.10
c) In certain cases, the police assert that there was an exchange of fire because a suspect was
attempting to flee from his arrest.11
d) In another scenario, they claim that they had to fire at a suspect while he was either
escaping custody or later found at his hideout.12
e) In such encounters, the police officials hardly sustain any injuries.13

8
JYOTI BELUR, POLICE USE OF DEADLY FORCE: ANALYZING POLICE ‘ENCOUNTERS’ IN MUMBAI 122 (Oxford
University Press 2007).
9
SHAH AND GANGULY, supra note 7, at 94.
10
Id. at 94.
11
Id. at 94.
12
Id. at 94.
13
Id. at 94.
Vandini Sharma (15019001005) Page | 3
f) Usually, the targets of such fake encounters are individuals facing charges or their family
members.14

1.3 Introduction
Judiciary, Executive, and Legislature are the most important parts of a democracy. All three
agencies are dependent on each other. The function of the legislature is to make new laws for
the benefit of society. The executive takes a step further by implementing these laws and
ensuring that the laws are executed properly. The judiciary steps in when a person violates a
law and causes harm to an individual, or to a section of society, or the entire society itself.
Majorly the primary function of the three bodies put together is to ensure that the law is
maintained in society while protecting the basic rights of a person. Human society has
advanced, and with that, the realm of human rights also has substantially advanced. Therefore,
it is becoming more and more challenging to uphold the balanced rights of a citizen versus the
duty towards society.

The Police Department is a part of the executive. The police act as an agency which takes
action when a crime is committed. It is the job of the police department to keep society safe
and secure. In contemporary India, the role of the police takes on a friendly and protective
note.

Encounter Killings are the biggest threat to democracy and human rights, but they are a matter
of public debate.15 Still, they are a matter of public debate. Encounter Killings are a popular
and swift solution that is becoming a means to achieve quick justice in recent times. The
killing of Asad Ahmed and his friend Ghulam, who were wanted for the murder of Umesh
Pal. This discussion keeps oscillating between the efficiency of the department and the
morality of these measures. It is argued that encounter killings are excessive use of power by
police officers and hence violate the fundamental rights of the accused.16

When a crime occurs, the individual who supposedly has committed the crime becomes the
accused. He is arrested and put on trial, wherein it is proved whether he has committed the
crime or not. Until he is actually proven guilty, he is kept in prison as an ‘under-trial’

14
SHAH AND GANGULY, supra note 7, at 94.
15
Prakash Singh, The Need of the Hour- Police Reforms and Bail not Jail, 10TH LATE SHRI B.G. DESHMUKH
MEMORIAL LECTURE (Sep. 28, 2021, 11:00 AM).
16
Nishant Saxena, Encounter killings: A necessary evil in overburdened Indian judiciary?, TOI, (April 18, 2023,
3:59 PM), [Link]
overburdened-indian-judiciary/).
Vandini Sharma (15019001005) Page | 4
prisoner. All his custodial rights are to be protected. If it is proven that he is guilty, then he is
punished accordingly. This is justice, and not following any of these steps hampers his access
to justice. During this time, if he is physically or mentally harmed or tortured, then it can be
considered a violation of his human right/s. In an encounter killing, the accused is killed
while being sent to jail and/or without being given a chance to present his case before a court
and/or being given a fair trial, which violates his human rights.

1.3.1 Custodial Death v. Encounter Killings

The word custody means being a guardian to someone or being in the care of someone. In
terms of law, custody means keeping an accused or convict with the police officers.17 It is
expected that when a police officer keeps an accused or convict in custody, it is expected to
be protective custody without the usage of violence or injuring the person in custody.18 When
the police take a person into custody, it is their responsibility to keep him safe, but police at
times harm the accused to obtain a confession or gather information about his accomplices.
Injuries that are caused by the police include ripping fingernails from the fingers, 3rd-degree
torture, breaking fingers, making the accused lay without clothes on a slab of ice until it melts
and beating with lathis.

The S.V.P. National Police Academy, Hyderabad, while conducting a study on custodial
deaths, relied on an investigation conducted by Mr. Arun Shourie, wherein he investigated 45
deaths in police custody in seven states in the year 1980. He found some patterns on the basis
of which generalizations were made. The victims come from poor backgrounds and are
arrested in large numbers without being charged for something. Even if the people hauled in
had committed a crime, it was minor. The bodies were found in a mutilated condition and
explained as deaths caused by ‘sudden illness’, heart failure while taking the person to the
hospital or bitten by a snake. This raised question about how officers were empowered to take
advantage of the law.19

The ‘Crime in India’ report by NCRB records the number of cases of custodial deaths the
number of judicial or magisterial inquiries conducted, and reasons for custodial torture, across

17
Oxford, Custody, DICTIONARY (Sep. 06, 2023, 07:50 PM), [Link]
18
Jawale S. M., [Link]., Custodial Deaths – A Retrospective Study in Mumbai Region, Int J Health Res
Medico Leg Prae 6 (1) 54, 54 (2020), DOI 10.31741/ijhrmlp.v6.i1.2020.11
19
SVP National Police Academy, Custodial Deaths in India: A Research Study, SVP OFFICIAL WEBSITE 1994,
([Link]

Vandini Sharma (15019001005) Page | 5

the states. In 2021, the number of custodial deaths or deaths in lockups was 32 (persons in
remand)20 and 56 (persons not in remand).21 The reasons range from inadvertent death due to
illness, suicide, death in hospitals during the treatment, Injuries suffered while the person is in
police custody and was subjected to physical assault, injuries which the person suffered
before he was sent to custody, injuries sustained while the person attempts to escape custody
and road accidents which occur while the journey connected with the investigation is being
undertaken.22

There are few situations when encounter killings happen, one in which the deceased is in the
custody of the police and is killed while he attempts to escape the same, for example, the
Vikas Dubey encounter or the encounter in Hyderabad. The second situation of Encounter
killings are where the officers attempt to arrest the accused but he in his attempt to evade his
arrest fires at the police and dies in cross fire. In a third scenario, the when the police aim to
conduct a raid and deaths occur in the cross firing, while conducting the raid.

1.3.2 Differentiating Fake and Genuine Encounters

Encounters are not defined either in the Indian Penal Code or the Code of Criminal Procedure.
A police encounter refers to the extra-judicial killing of a person or persons, usually in
custody, by policemen going beyond the rule of law. It is not a term defined specifically in the
Indian Penal Code and the Code of Criminal Procedure but is mentioned under other
provisions.23

An encounter occurs when a police officer or a team of officer’s use force against accused/s
who is/are suspected of committing a crime. The police use force to stop the accused from
running and evading his arrest, or while the police are conducting a raid and the accused
attempts to run, then the police use force even if it means killing the accused. A genuine
encounter occurs when the police act in self-defence. While the police are fired, they fire at

20
National Crime Records Bureau, Crime in India 2021, DEATHS IN POLICE CUSTODY / LOCKUP (PERSONS IN
REMAND) – 2021 (Aug. 25, 2022), (pg. 1034) [Link]
2021/CII_2021Volume%[Link].
21
National Crime Records Bureau, Crime in India 2021, Deaths in Police Custody / Lockup (Persons Not on
Remand) - 2021 (Aug. 25, 2022), (pg. 1033) [Link]
2021/CII_2021Volume%[Link].
22
National Crime Records Bureau, Crime in India 2021, Reasons of Custodial Deaths – 2021 (Aug. 25, 2022),
(pg. 1035) [Link]
23
Outlook Web Desk, Explained: Police Encounters In India And The Guidelines Behind Them, Outlook, (Apr.
16, 2023, 5:13 PM), [Link]
guidelines-behind-them-news-278845.
Vandini Sharma (15019001005) Page | 6
the criminals to save their lives. But the ‘staged’ or ‘fake’ encounters occur when police kill
the accused for awards or gains or to settle a personal score.24 Hence, a genuine encounter is
one where there is a threat to the officers, but a fake encounter is one where there is no threat,
and the officers fire at the accused arbitrarily.

Section 100 of the Indian Penal Code entails the situations where, to save oneself a person can
cause the death of the assailant. The right of private defence to cause death is available when
the assault, which the accused/assailant is using on the police, can cause death.25 There must
be an imminent threat to life. In an encounter killing, the police must prove that the situation
called for using his right to self-defence and it extended to causing the death of the accused.

Table 1.1
Number of Encounter Killings registered by NHRC

1st April 2014 to 31st March 2015 162

1st April 2015 to 31st March 2016 156
1st April 2016 to 31st March 2017 178
1st April 2017 to 31st March 2018 277
1st April 2018 to 31st March 2019 194
1st April 2019 to 31st March 2020 127
1st April 2020 to 31st March 2021 82
(Source: Annual Reports of NHRC and Rajya Sabha Question.)26

24
Viraj Raiyani, Encounter Killings: Justice by Police?, 17 Supremo Amicus 621, 621 (2020).
25
Indian Penal Code, 1860, § 100, No. 45, Acts of Parliament, 1860 (India).
26
National Human Rights Commission, Annual Report 2014-2015, CIVIL AND POLITICAL RIGHTS: CUSTODIAL
VIOLENCE AND TORTURE (June 21, 2016), (pg. 29) [Link]
2015_0.pdf; National Human Rights Commission, Annual Report 2015-2016, CIVIL AND POLITICAL RIGHTS:
CUSTODIAL VIOLENCE AND TORTURE (June 13, 2017), (pg. 39)
[Link] National Human Rights Commission,
Annual Report 2016-2017, CASES DEALT BY INVESTIGATION DIVISION (April 10, 2018), (pg. 19)
[Link] National Human Rights Commission,
Annual Report 2017-2018, CASES DEALT BY INVESTIGATION DIVISION (April 10, 2018), (pg. 21)
[Link] National Human Rights Commission,
Annual Report 2018-19, CASES DEALT BY INVESTIGATION DIVISION (March 31, 2019), (pg. 21)
[Link] National Human Rights
Commission, Annual Report 2019-2020, STATEMENT SHOWING STATE-WISE NO. OF CASES REGISTERED FROM
01/04/2019 TO 31/03/2020 (Sep. 26, 2022), (pg. 249) AR_2019-2020_EN.pdf ([Link]); Government of
India, Ministry of Home Affairs, Unstarred Question No. 1062, RAJYA SABHA (2022), (pg. 4)
[Link]
Vandini Sharma (15019001005) Page | 7
 Graph 1.1

The reduction in the number of cases has been attributed to Covid-19.27 However, there is an
increase again in the instances of encounter killings, i.e., 124 encounters occurred between
2021 and 2022.28

NHRC and the SHRC were created under the Protection of Human Rights Act 1993 to
enforce better implementation of human rights protection in India and for other matters or
cases related to violation of human rights. NHRC has a pivotal role in keeping a check on
human rights violations in India. NHRC is divided into five divisions/departments, which are:
a) Law Division: This division considers all matters from the stage of receipt of complaints
and places them before the commission for further guidance and direction; b) Investigation
Division: This division investigates complaints referred to it by the commission and monitors
death in police custody, judicial custody and extrajudicial killings or fake encounters; c)
Administration Division: This division monitors, the publications. Library, matters
regarding personnel, establishment matters, and other ancillary functions; d) Training
Division: The aim of the training division is to sensitize people from and outside the
government about matters concerning human rights and organizing short-term and long term
27
National Human Rights Commission, ENCOUNTER OR KILLING? NEARLY FIVE-FOLD RISE IN PENDING CASES,
SHOWS DATA (2022), [Link] (last visited July 31, 2023);
Indiaspend, Encounter or killing? Nearly five-fold rise in pending cases, shows data (July 31, 2022, 10:22 PM)
[Link]
cases-shows-data-122073100912_1.html.
28
Id. at 1.
Vandini Sharma (15019001005) Page | 8
internships at the NHRC which enables the internees to understand the nuances of the system;
e) Research, Projects, Policy and Programmes Division focusses on research concerning
issues of human rights and monitors the International Conventions for making
recommendations to the Government as and when required.29

NHRC can entertain complaints of human rights violations, seek reports from the SHRCs on
cases of violations and suggest guidelines to solve certain persistent problems in India. The
yearly reports of NHRC include the statistics of various human rights violations committed in
each state. These violations can include encounter killings, police brutality, violations against
women and children, and custodial deaths, among others. The below data lists the number of
encounter killings that occurred between 2015 to 2022.

Table 1.2
Total Cases Registered
of Deaths in Police Encounter

Number of Encounter
Year
Killings
2015-2016 117
2016-2017 17
2017-2018 22
2018-2019 22
2019-2020 112
2020-2021 82
2021-2022 139
(Source: (OGD) Platform India.)30

29
National Human Rights Commission, [Link]
structures/specialized_divisions_and_staff (Last visited Feb. 21 2023).
30
Rajya Sabha Session – 248, State/UT-wise Number of Cases Registered in respect of Deaths in Police
Encounter - Alleged/Complaints from 2014-15 to 2018-19, MINISTRY OF HOME AFFAIRS - OPEN GOVERNMENT
DATA PLATFORM INDIA (May 30, 2019, 1:20 PM), [Link]
registered-respect-deaths-police-encounter-allegedcomplaints; Rajya Sabha Session – 248, State/UTs-wise Cases
Registered, Disposed and Pending Regarding deaths in Police Encounter Cases registered from as on 01-04-
2016 to as on 10-03-2022, MINISTRY OF HOME AFFAIRS - OPEN GOVERNMENT DATA PLATFORM INDIA (SEP. 08,
2022), State/UTs-wise Cases Registered, Disposed and Pending Regarding deaths in Police Encounter Cases
Registered from as on 01-04-2016 to as on 10-03-2022 |Open Government Data (OGD) Platform India.

Vandini Sharma (15019001005) Page | 9

 Graph 1.2

There is a lot of disparity between the number of encounter-killings registered by the NHRC
and the NCRB via the Ministry of Home Affairs listed on the Open Government Data
Website. The NCRB is an agency that is expected to have a precise record and fewer
encounter killings than an agency that receives complaints of human rights violations. This
discrepancy is questionable as both NCRB and NHRC are government organizations, but
NCRB only records data that it collects from the states where complaints were registered and
convicted. The NHRC, on the other hand, has a more comprehensive approach towards
human rights in India. NHRC can suo-moto and, based on complaints received, can
investigate cases. Hence, the data of NHRC is more reliable due to the modus operandi.

1.3.3 Sustainable Development Goals and Encounter Killings

‘Peace Justice and Strong Institutions’ is goal no. 16 under ‘Global Goals’, or the Sustainable
Development Goals, which the United Nations has targeted to achieve by 2030. Target
number 16.3 aims to promote the rule of law and ensure equal access to justice, Target
number 16.6 aims at developing accountable, efficient and transparent
organizations/institutions at all different levels of governance and Target no. 16.10 attempts to

Vandini Sharma (15019001005) Page | 10

ensure public access to information and protect fundamental freedoms in line with the
domestic legislations and international accords.31

1.4 Theoretical Foundations of the Study

Encounter killings primarily affect the impartial application of the Rule of Law. Under the
Rule of Law, there are three postulates defined by A. V. Dicey: a) the supremacy of law, b)
equality before the law, and c) the predominance of legal spirit. Supremacy of Law entails
that law should be the highest order, and everyone must follow the same regardless of his
designation or how much power he has over the state. Equality before the law means, be it a
parliamentarian or a common man, they would be awarded the same punishment for the same
crime. The predominance of the Legal spirit gives the responsibility to protect the liberty of
the citizens to the courts. Meaning that the courts must guarantee the citizens their rights and
should intervene when their liberty has been violated. In an encounter, police misuse their
power and violate the right to life.

1.4.1 Right to Justice and Fair Trial

Fair Trial commands that there has to be a free and safe environment for the victims and the
witnesses to be safe and depose before the court without fearing any harassment from the
Police. The primary aim of the law is to provide justice and assure a fair trial for any accused,
which is the minimum requirement for the dispensation of justice. Not ensuring a fair trial for
an accused can be construed as a denial of justice.32 The tenets of a fair trial pave the way for
the rights of an accused when he gets arrested. The very purpose of the law is to protect
citizens from the arbitrary and illegal deprivation of the right to life of a person. Article 14 of
the ICCPR lays down that every person must be given a fair, just, and public hearing by a
self-regulating and unbiased agency that is established under the authority of law.

The fair trial includes the other basic principles at the pre-trial stage, for example,
Presumption of Innocence, i.e., the accused must be presumed innocent until the charges
against him are proven true. The accused also deserves independent, impartial and competent
judges. The second stage of a fair trial includes the right of protection against illegal arrest.
Encounter killings violate all of these rights. When the police officials kill the accused

31
United Nations, Goal 16 in Action, THE GLOBAL GOALS FOR SUSTAINABLE DEVELOPMENT (Oct. 31, 2020,
12:01 PM), [Link]
32
Showkat Ahmad Bhat, Fair Trial in Criminal Procedure, May 2017 THE WORLD JOURNAL ON JURISTIC
POLITY 1, 1-2 (2017).
Vandini Sharma (15019001005) Page | 11
without giving him a chance for a fair hearing, the accused consequently loses all the basic
right to a fair trial.

Private defence act as the best alibi for police officials. Depending on the circumstances of
each case, it is almost impossible to identify whether a case is genuine encounter or fake
which violates human rights. Certain factors like harassment and intimidation of families of
victims and fabrication of evidence encourage police officials to commit encounters. Due to
these factors, it is difficult to understand if there was misuse of power or not. The method of
getting rid of criminals via encounter killings in India violates multiple principles, some of
which are human rights, international principles, human rights, and justice. In the case of
death by poisoning, it was difficult to determine whether it was a murder or suicide. The court
opined that the available evidence was not analyzed properly. To be able to establish the guilt
of the accused properly, five conditions were laid down, which were also considered the
golden rules.33

The following conditions must be fulfilled against an accused before his guilt can be
established:
a) The circumstances based on which the accused can be held guilty will be drawn must be
completely established. The transition from the accused ‘may be’ to ‘should be’ convicted
must be based on the evidence and reach the conjecture.
b) The sequence established must be in tandem with the assumption of the accused’s guilt,
meaning, thereby, only the hypothesis of how the accused is guilty should be the point of the
evidence and nothing else.
c) The circumstances must be conclusive.
d) These should exclude all other possibilities except for the one which needs to be proven.
e) The chain of evidence must be so complete that there is no reasonable ground for the
conclusion to prove that the accused must have committed the act.

In cases of encounter killings, the chain of evidence must be so conclusive that it can either
prove the hypothesis that the accused police officers had actually used excessive force and
caused a fake encounter or that the officer the encounter was actually genuine.

33
Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116.

Vandini Sharma (15019001005) Page | 12

1.4.2 Rule of Law
It is an important consideration when it comes to Encounter Killings. Police officials who
tend to use encounter killings as a means to achieve an end, be it for personal vendetta,
political motivation, or paucity of faith in the system, must be punished to instil the belief that
no one is above the law. A country which follows the rule of law properly leads to better
functioning of the entire country by preventing the citizens from facing any injustices of any
kind, reduces corruption on various levels of authority, and helps fight diseases and reduce
poverty.

It acts as a footing for upholding values of peace, a responsible government, access to justice,
and fundamental rights. Historically, the rule of law was always considered to be the arena of
lawyers and judges, but the everyday issues of women’s safety, the safety of the society,
governance of the state, justice and fulfilment of rights affect one and all making everyone a
stakeholder in the rule of law.

1.4.3 Theory of Bad Apple v. Bad Barrel

The theory aims to identify if the officer committing the encounter is bad, the other officers
that he mingles with at work have influenced him wrongly, or the entire department is rotten
in its practices. For an extended period, law enforcement agencies have been dependent on the
theory titled “Bad Apple v. Bad Barrel”. The theory is based on the concept that every police
officer, irrespective of his place in the hierarchy, his personality, attitude, and personal values,
can commit both immoral and moral acts.34 It depends on the atmosphere and the
organizational structure where the official is placed to decide whether he is the bad apple or
the bad barrel in which he is placed is affecting his acts too.

34
BRIAN D. FITCH AND CHRISTINE H. JONES, Bad Apple or Bad Barrel – Social Learning Theory as a Paradigm
for Understanding Law Enforcement Misconduct in LAW ENFORCEMENT ETHICS: CLASSIC AND CONTEMPORARY
ISSUES 155 (Sage Publications Inc. 2014).
Vandini Sharma (15019001005) Page | 13
 Figure 1.1
Theory of Bad Apple v. Bad Barrel

An organisational setup is a blend of shared rules, similar perceptions and common value
bases. These perceptions, values and rules develop when the members of the concerned
organisation interact with each other on a day-to-day basis. This perpetually developing
system also helps evolve the surroundings of the establishment.35 The way in which each
individual officer perceives the rules is subjective.

This theory has been taken to another level of understanding where the authors have
introduced the term ‘bad orchard’, which means the entire system/organisation makes the
officers follow the path of deviance. It entails that there is so much dishonesty and bribery in
the system that the police officers find ways to manipulate the law and even tamper with the
evidence. The practice of Corruption has many adverse effects, like creating political
instability, weakening the foundations of institutions which run democratically, and hamper
the rule of law.36

The theory of bad apple v. bad barrel v. bad orchard also includes the idea of police sub-
culture. The unceremonious organisational culture or the informal system of gaining inside
knowledge from the senior police officers. It is the unwritten custom of values and mindsets

35
Geert Hofstede, Bram Neuijen, Denise Daval Ohayv and Geert Sanders, Measuring Organizational Cultures:
A Qualitative and Quantitative Study Across Twenty Cases, Vol. 35, No. 2 SAGE PUBLICATIONS 286, 311,
(1990) [Link]
36
JAMES DOBBINS, SETH G. JONES, KEITH CRANE AND BETH COLE DEGRASSE, Rule of Law, in THE BEGINNER'S
GUIDE TO NATION-BUILDING 89 (Rand Corporation, 2007), [Link]
Vandini Sharma (15019001005) Page | 14
which are cascaded from one officer to the other or from a senior officer to the new staff
members.37

A ‘Security Perception Index’ study conducted by the Pune City Police showed that there are
a few behavioural patterns which are expected out of police officers. 45% of the people
surveyed expected the police officers to listen to their problems without insisting on
answering their questions first. 50% of people mentioned that they were comfortable for a
while. Furthermore, 48% of people expected the police to be more respectful to the citizens,
and the highest percentage was recorded for people, i.e., 56% of surveyors expected the police
to reach the accident sites.38 But an absolute opposite scenario occurred in Uttar Pradesh. The
police officers there, conducted so many encounters in one year that it acted as a deterrence
effect on the criminals who, in order to save their lives, started to surrender to the police.39
But this is just one state; no other source has mentioned that conducting encounters has
reduced the crime rate ever.

Corruption is not just monetary exchange for gaining a personal favour. A worldwide civil
society organisation ‘Transparency International’ leads the global fight against corruption and
ensures that suggests ways to reduce corruption on a global level. It defines corruption as any
kind of abuse of the power which is entrusted to the person/agency for personal gain.40

Professor Punch opined that corruption in the police department indicates the degrading of
moral and ethical values of the individual and the organisation both. It proves that corruption
is a badly hidden secret and reflects the dark side of the Department of Law Enforcement.
Further, Professor Punch also accepts the theory of bad apples, but he also states that bad
orchards are more of a possibility rather than bad apples. He further states that police
commission can be considered a crime that is encouraged due to the organisation of its
employees but can be curtailed with preventive measures.41

37
Satyajit Mohanty, Police Subculture and Its Influence on Arrest discretion Behaviour; an Empirical Study in
the Context of Indian Police, LXVIII, No. 2 SVPNPA 41, 42 (2019).
38
Times News Network, ‘Perception index’ study claims people have positive attitude towards men in khaki,
TOI, (Aug. 26. 2019, 10:59 AM), [Link]
positive-attitude-of-people/articleshow/[Link].
39
Kumar Shakti Shekhar, UP Police's encounter pays off, Criminals queue up to surrender, INDIA TODAY, Feb.
16. 2018, 12:17 AM), [Link]
to-surrender-1171232-2018-02-16.
40
Transparency International, What is Corruption, [Link] (Sep. 4, 2021, 11:50 am),
[Link]
41
Marilee J. Murgatroyd, Book Review: Police Corruption, Deviance, Accountability and Reform in Policing:
Punch, Maurice (2009), doi: 10.1093/police/paq049.
Vandini Sharma (15019001005) Page | 15
The Indian Criminal Justice system per se does not recognize the term ‘police misconduct’.
But the act of death caused by police was recognized in the Prakash Singh Judgement42.
While recommending the establishment of a Complaints Authority at both the State and
District Levels, the kinds of complaints that each authority would deal with were mentioned.
The SLCA would take cognizance of only those incidents of misconduct which are grievous
in nature. This includes incidents causing rape in police custody, grievous hurt and death. For
the DLCA, the incidents for which it could take cognizance included land grabbing, house
grabbing, extortion, or any other instance where the police have misused its powers.

1.5 Historical Background

1.5.1 Before Independence
For the very first time, the power was given to law enforcement officers to control the protest
of the members of the Quit India Movement. The Armed Forces Special Power (Ordinance)
was passed by Viceroy of India, Lord Linlithgow, passed on 15th August 1942 to curtail the
protests organised under the Quit India Movement. This movement was the brainchild of
Mohandas Karamchand Gandhi against British Rule. However, the ordinance limited the
power given to very specific ranks of officers. As per the ordinance, only the army officers
who were ranked captain or above could use ‘required force’, including ‘causing death’ when
the protestor attempts to evade arrest by the officer. This Ordinance was to be followed for
non-violent protestors and was supposed to remain functioning for only one year; but after the
completion of one year, the Armed Force (Special Power) Act, 1948, was enforced against the
Ordinance.43

One of the earliest incidents of encounter killing was registered in May 1924. During British
rule, a tribal rebellion group was formed led by Alluri Sitaram Raju, who was killed in an
encounter after he was captured. No exchange of fires was recorded.44 In the 1940s, almost
3,000 participants of the Telangana Peasant Army were executed in fake encounters. The
Nizam’s Police also used this method between 1946 and 1948, but a majority of these
encounters were conducted under military rule. The civil rule of the government of India till
1951 also had some share of conducting encounter killings. Hence, Hyderabad earned the

42
Prakash Singh & Others v. Union of India and Others, (2006) 8 SCC 1.
43
Asian Centre for Human Rights, The state of Encounter Killings in India: Target, Detain, Torture, Execute,
INDEPENDENT INDIA FOLLOWS COLONIAL BRITISH POLICY TO AUTHORISE EXTRAJUDICIAL EXECUTIONS (Nov. 5,
2018, 6:50 PM), [Link]
44
N. Venugopalan, Fake Encounters: Story from Andhra Pradesh, 42 EPW, 4106, 4106-4107 (2007)
[Link]
Vandini Sharma (15019001005) Page | 16
label of the 1st state ever that slaughtered its own residents on the pretext of encounter
killings post-1947. Eventually, Andhra Pradesh continued this shocking practice, and then it
started using encounters again in 1968, making it a dominant part of their policing by 1969.45

1.5.2 After Independence

India has been tackling encounter killings since pre-independence, but it has risen to the
limelight in the recent past, i.e., in the 1990s. Various states like Tamil Nadu, Delhi, Punjab,
Gujarat, Jammu and Kashmir and Maharashtra have witnessed cases of encounters by both
special forces and police forces. In the 1960s, the term ‘Encounter Killing’ replaced the older
term ‘extra-judicial killing’. An encounter killing is defined as an occurrence where the police
try to arrest an accused/a group of accused when he/them tries to evade arrest and the
exchange of fire takes place, and suddenly, some dead bodies are discovered. This definition
has been there since the last century.46

In May 1969, another incident of encounter killing took place wherein Panchadi Krishna
Murthy, leader of the Communist Party of India, was killed along with six other individuals
associated with him. The communist party was the leader of the Srikakulam struggle for
freedom. On 27th May 1969, all the victims were arrested at Kolkata when they disembarked
from a train. The higher officers were aware of the plan, but instead of saving the, they
themselves ordered the people involved to “bump off’ the leader along with his associates.
The district police followed the instructions and claimed that the victims lost their lives in
exchange of fire.47

By the 1980s, encounter killings became a part of the entire system. It was touted as one of
the simplest methods of curbing organised crime. It seemed like an uncomplicated procedure,
where the police act out arresting an ‘alleged accused’ who tries to evade from getting
arrested, and the police make insignificant gestures of firing in self-defence to support their
set-up and manage getting rid of the ‘alleged accused’. Many police officers like Daya Nayak
and V. C. Sajjanar have been awarded and promoted by the governments of their respective
states like Mumbai, Bangalore and Delhi.48 The judgement of People’s Union of Civil

45
VENUGOPALAN, supra note 44, at 4107
46
Id. at 4107.
47
Id. at 4107.
48
Velly Thevar, The Decline and Fall of Encounter Cops, THE TELEGRAPH (July 08, 2008),
[Link]
Vandini Sharma (15019001005) Page | 17
Liberties v. State of Maharashtra has mandated that no officer will be promoted out of turn or
given an instant gallantry award to avoid encouraging their impunity.49

Gang-Rivalries have been synonymous with Mumbai and also have been the cause of
encounter killings as Police authorities have used them as methods to curb the crimes.
Maharashtra takes the tag of the first state ever in India to use encounter killings as a measure
for maintaining law and order, and with time, they have gained mastery of it. The encounter
killing of ‘Manya Surve’ on 11th January 1982 is the first-ever recognised encounter in
India.50

Manya Surve, also called Manohar Arjun Surve, was accused of murder in 1969 and was
punished with life imprisonment with Bhargav Dada, who was his step-brother. While he was
in Yerwada Central Jail at Pune, he developed enmity with another gangster/inmate named
Suhas Bhatkar and was later transferred to Ratnagiri’s jail. As per reports, Surve participated
in a hunger strike and lost 20 kgs of weight, due to which he was transferred to the hospital.
Use this opportunity to his benefit, he escaped from the hospital in November 1979. Surve
built his group of gangsters from scratch in 1980, including his friends and stole a car, which
they later used to loot money. Surve was involved in the murder of Shabir Ibrahim Kaskar and
narcotics trafficking.51

After Mrs. India Gandhi was assassinated, the then Prime Minister, numerous operations were
conducted between 1984 to 1995 to counter the insurgency in the state. Various measures like
arbitrary detentions, torture, and enforced disappearances were adopted to ensure the
insurgency was under control, due to which 6000 secret cremations were conducted by the
state.52

Anti-Minority and communal acts of policing have been a challenge for India for a long time.
What makes it a bigger problem is that most of these occurrences have been politically
motivated or have had political approval. A colossal number of lives were lost during the anti-

49
P.U.C.L v. State of Maharashtra, 10 SCC 635 (2014).
50
Sunday Midday Team, Mumbai's First Encounter Killing, MIDDAY, (April 18, 2010, 2:08 AM),
[Link]
51
Anushka Vats, Encounters in India: Manya Surve was the First Gangster to be Gunned Down by the Police in
India, JE, (April 13, 2023, 06:27 PM), [Link]
first-gangster-to-be-gunned-down-by-police-in-india-10073353.
52
SAHAYA PHILOMIN RAJ. A., A STUDY OF POLICE ENCOUNTERS IN TAMIL NADU HUMAN RIGHTS PERSPECTIVE
10 (Manomaniam Sundarnar University 2018).
Vandini Sharma (15019001005) Page | 18
Sikh riots in Delhi in 1984 and the Gujarat Riots in 2002. The state of Jammu and Kashmir
has also been facing encounter killings like a continuing saga. The Gujarat Police is also
accused of killing a person named Samir Khan Pathan, who was involved in the planning of
killing Mr. Narendra Modi in October 2002.53 On 3rd November 2002, two men were killed in
an encounter at Delhi’s Ansal Plaza, wherein the police officers claimed that the men were
terrorists from Pakistan.54

In recent years, India has seen many encounters. In August 2014, the Fauzi encounter took
place. Fauzi, also known by the name of Firoz, died of gunshot wounds in Delhi. The police
claimed that they received a tip-off about Firoz visiting one of his associates, and he was
intercepted and later killed in the altercation. Firoz’s family refuted the news reports, which
alleged that he was a history-sheeter and had multiple cases filed against him. Firoz was killed
within a month after he murdered Shivraj Tomar, a police constable.55

On 31st October 2016, eight people escaped from the Bhopal Central Jail. They were
suspected of being terrorists belonging to the banned group SIMI and were killed on the
outskirts of Bhopal. These eight people were charged with treason and were facing trial for
the same. They killed the prison guard and escaped from the jail but were killed in an
encounter later.56

A female veterinarian was abducted, gang-raped and killed by burning her body in 2019 in
Hyderabad. The police alleged that the accused were taken for spot-verification, but they
snatched the weapons from the police and fired at them to escape. When the police fired in
retaliation, the accused died. The encounter was touted as a positive move to instil fear in the
heart of rapists.57

53
KAMLESH SINGH DEOU, UNLAWFUL KILLING BY STATE FORCES IN INDIA WITH SPECIFIC REFERENCE TO FAKE
ENCOUNTER: A LEGAL STUDY 38, (Babasaheb Bhimrao Ambedkar University, 2017).
54
Id. at 38.
55
Raj Shekhar, Gangster who killed Cop gunned down in encounter, TOI, (Aug. 19, 2014, 10:46 AM)
[Link]
encounter/articleshow/[Link].
56
ET Bureau, 8 SIMI terrorists who escaped Bhopal Central Jail killed in encounter, ET, (Nov. 01, 2016, 12:22
AM) [Link]
killed-in-
encounter/articleshow/[Link]?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst.
57
PTI, 2019 Hyderabad Rape And Murder, And Encounter Deaths: The Case That Shook The Nation, Outlook
Web Desk, (May 20, 2022, 8:33 PM) [Link]
here-is-all-about-the-case-that-shook-entire-nation-news-197681.
Vandini Sharma (15019001005) Page | 19
The gangster Vikas Dubey was killed on the way to Kanpur on 10th July 2020. He was being
transferred from Ujjain to Kanpur when he tried to run away from the custody of the police
when the van overturned. Vikas Dubey fired at the police in his attempt to flee. In Kanpur,
when eight policemen were killed, Vikas Dubey was the main accused of the same. 58

In April 2023, the death of (Atiq Ahmad’s son) Asad Ahmad and Ghulam was caused when
an interception was conducted by the Special Task Force police on the Kanpur Jhansi
Highway. As per the police, the team went to arrest them, but they were killed in retaliatory
firing when they first fell on the ground from their two-wheeler while being chased and then
fired at the police with foreign-made weapons. These two were absconding after they were
accused of the murdering lawyer Umesh Pal, a key witness in another murder case back in
2005.59

The increasing attacks on the citizens of the states and killings by the police raise issues
regarding the regulation of violence conducted by officials and show the crisis that exists in
the state. It is not absolutely true that the ‘use-of-force’ techniques act as a major means of
maintaining the system. In some cases, the police have to use methods like temporary
detention, jail, and arrest, among others, to maintain control in society. But the inclination of
the policemen to take the life of someone shows a problem with the entire system.60

1.6 Significance and Need of The Research

The number of encounter killings that India has faced raises many questions regarding the
encouragement that such human rights abuses receive. Police officer’s impunity and the
acceptance of the public of such acts make it a very frequent occurrence where the citizen is
indifferent or, at times, in favour of the same. Especially the Hyderabad encounter conducted
in December 2019 received many accolades from the public as people who favoured the
encounter thought that it was for a good cause. The case studies and the landmark judgements,

58
Alok Ranjan, Vikas Dubey, Hyderabad rape-murder: A look at stunning encounters in recent years, India
Today, (March 27, 2023: 03:35 PM) [Link]
a-look-at-stunning-encounters-in-recent-years-2352046-2023-03-27.
59
Haider Naqvi, Asad Ahmad, aide killed in retaliatory firing: FIR, HT (April 14, 2023, 02:53 AM)
[Link]
[Link].
60
Sid Harring, Tony Platt, Richard Speiglman & Paul Takagi, The Management of Police Killings and Social
Justice, 8 CSJ 34, 42-43 (1977).
Vandini Sharma (15019001005) Page | 20
for example, Vikas Dubey Encounter and Hyderabad Encounter, among others that will be
discussed, will provide an insight into the causes of encounter killings.

The amount of media attention that the encounter received also showed the comfort that the
entire nation found in this flawed means to attain justice. All of this boils down to the belief
that encounter killings are necessary for national security and not paying attention to how
encounter killings violate principles of the rule of law, natural justice and fair trial. The utter
misuse of the powers laid down by the state lacks accountability on the part of the police.

The Batla House encounter case has been proven to be genuine as one of the accused got
arrested and confirmed the version of the police.61 Even in the Sohrabuddin encounter case,
Mr. Prajapati and another of his accomplice has been acquitted of the charges due to lack of
evidence.62 Now, this raises further questions about which encounters can be considered true
and which can be considered false. Hence the study will overall enable laying down a clear-
cut line of difference between fake encounters and genuine encounters. The study will discuss
how encounter killings are a problem for the Rule of Law and Natural Justice.

1.7 Lack of Acknowledgement of State towards Fake Encounters

The table below throws light on another facet of the study which is being questioned.
Between 2010 to 2016, the agency recorded the number of encounter killings under the label
of ‘fake encounter killings’, but from 2017 onwards, the encounter killings have been labelled
as encounter killings. The thought process of the government can be interpreted as if the
government denies the occurrence of fake encounters and, hence, does not intend to take any
responsibility. There is, however, a consideration of whether some cases out of the total
number of cases registered are false. This, as per literal interpretation, means the genuineness
of the case filed is under questioning. However, the government should also question the
genuineness of the encounter committed by the police officers.

61
Times News Network, Batla House encounter case: Delhi Police vindicated as 2nd bid to dub encounter fake
foiled, TOI, (March 9, 2021, 05:30 AM), [Link]
bid-to-dub-encounter-fake-foiled/articleshowprint/[Link].
62
Vidya and Mustafa Shaikh, Sohrabuddin encounter case: Court acquits all 22 accused citing lack of evidence,
INDIA TODAY, (Dec. 21, 2016, 06:47 PM) [Link]
acquits-22-1414323-2018-12-21.

Vandini Sharma (15019001005) Page | 21

 Table 1.3
Fake Encounter Killings - Encounter Killings

Fake Encounter Fake Encounter Fake Encounter

All India Year Killings- Killings-Policemen Killings -
Cases Registered Chargesheeted Policemen Convicted

Total 2010 1 0 0
Fake Encounter Fake Encounter Fake Encounter
All India Year Killings- Killings-Policemen Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2011 0 0 0
Fake Encounter Fake Encounter Fake Encounter
All India Year Killings- Killings-Policemen Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2012 0 0 0
Fake Encounter Fake Encounter Fake Encounter
All India Year Killings- Killings-Policemen Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2013 2 0 0
Fake Encounter Fake Encounter Fake Encounter
All India Year Killings- Killings-Policemen Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2015 0 0 0
Fake Encounter Fake Encounter Fake Encounter
All India Year Killings- Killings-Policemen Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2016 13 4 0
Encounter Killings -
All India Year Encounter Killing - Policemen Encounter Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2017 6 4 0
Encounter Killings -
All India Year Encounter Killing - Policemen Encounter Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2018 4 0 0
Encounter Killings -
All India Year Encounter Killing - Policemen Encounter Killings -
Cases Registered Chargesheeted Policemen Convicted
Total 2019 10 0 0
(Source: (OGD) Platform India.)63

63
Ministry of Home Affairs, Departments of States and National Crime Records Bureau, Cases against Police
under Human rights violation during 2010-2012, Open Government Platform Data (OGD) Platform India
(07/09/2015), [Link]
2012; Ministry of Home Affairs, Departments of States and National Crime Records Bureau, Cases against
Police under Human rights violation during 2013, Open Government Platform Data (OGD) Platform India
Vandini Sharma (15019001005) Page | 22
1.8 Theory of Public Service Delivery
Indian Nobel Laureate Amartya Sen and celebrated economist Jean Dreze discussed the
concept of ‘Public Service Delivery’ in their book ‘India: Development and Participation’.64
The authors discussed how public action plays a role in preventing deprivation and
maintaining the human rights of citizens. The interdisciplinary view in this book describes
development inclusive of overall well-being and freedom rather than just pointers of the
country's economic condition. The authors, in their discourse, have placed the citizens on a
citadel and deliberated the ancillary roles the other agencies play in ensuring social, political,
and economic rights.

The OECD lays down the concept of best practices in service delivery as all members of the
community/society must receive proper and good services while curbing weak governance
and ensuring that accountability is not limited in application. This holds absolutely true for
delivering security and justice to the citizens of the state as it is for any other public service
delivery.65

An effective system of accountability plays a vital part in achieving successful delivery.

Overhauling and reforming the functioning, for example, disciplinary systems and
maintaining levels of professional standards of institutions like the judiciary, prisons, police,

(07/09/2015), [Link]
Ministry of Home Affairs, Departments of States and National Crime Records Bureau, Incidence of Human
Rights Violation by Police and Their Disposal During 2015, Open Government Platform Data (OGD) Platform
India (08/09/2016), [Link]
during-2015; Ministry of Home Affairs, Departments of States and National Crime Records Bureau, State/UT-
wise Cases Registered against Police Personnel for Human Rights Violation during 2016, Open Government
Platform Data (OGD) Platform India (15/01/2018), [Link]
against-police-personnel-human-rights-violation-during-2016; Ministry of Home Affairs, Departments of States
and National Crime Records Bureau, Cases Registered against State Police Personnel for Human Rights
Violation during 2017, Open Government Platform Data (OGD) Platform India (14/05/2020),
[Link]
2017; Ministry of Home Affairs, Departments of States and National Crime Records Bureau, Cases Registered
against State Police Personnel for Human Rights Violation during 2018, Open Government Platform Data
(OGD) Platform India (14/05/2020), [Link]
personnel-human-rights-violation-during-2018; Ministry of Home Affairs, Departments of States and National
Crime Records Bureau, Cases Registered against State Police Personnel for Human Rights Violation during
2019, Open Government Platform Data (OGD) Platform India (09/03/2021), [Link]
registered-against-state-police-personnel-human-rights-violation-during-2019.
64
JEAN DREZE AND AMARTYA SEN, INDIA: DEVELOPMENT AND PARTICIPATION 24 (2002),
[Link]
65
OECD, Enhancing the Delivery of Justice and Security: Governance, Peace and Security, DCAF, 1, 10 (2007),
[Link]
y%20OECD%20(2007).pdf.
Vandini Sharma (15019001005) Page | 23
and administrative bodies would help ensure proper service delivery and maintain human
rights.66

1.8.1 Connecting Rule of Law, Policing, Human Rights and Role of Police
The essence of a democratic government lies in the rule of law. It means no one can be
considered supreme to the law, neither a common man nor a king or government agent. The
law must be applied equally, as the rule of law is the epitome of protecting the rights of
individuals.67 The police are duty-bound to protect individual rights and the state; respect
human rights and ensure that they are not violated, as the officers are made to take the oath of
protecting these very rights from the beginning of their jobs. Human Rights are universally
applicable freedoms and have roots in natural law. Every person is authorized to protect
his/her human rights, and as a result, the idea of rights recognizes the duty that everyone is
entitled to their rights; hence each other’s rights must be respected. This entire system of
rights and responsibilities lays the foundation of policing, maintaining law and order and
democracy.68

Various critical situations like a high-speed chase, use-of-force, and issues of terrorism
require discretion and taking decisions in a very short span of time, which might have
repercussions for human rights. The rightful use of force, police discretion and maintaining
the rule of law is a daunting task and is usually a cause of concern across the globe.69
Ensuring that policing is balanced with human rights, maintaining law and order and dealing
with critical situations is the need of the hour. This requires a multi-faceted approach that
needs to be followed by all the agencies, like the state, judiciary, and administrative
departments involved in providing justice and ensuring safety and the benefactors of justice to
bring forward the issues faced by them and hold the wrong doer/s accountable.70

1.8.2 Corruption and Effects on Public Service Delivery

The government is omnipresent in the lives of its citizens; however, a low ranking on any
index, be it the World Safety Index or the Democracy Index, shows that the efforts of the
government are not enough. The government’s failure to deliver public services to all of its

66
OECD, supra note 65, at 15.
67
Jack R. Greene, Policing through Human Rights, (DEC. 2010) IDEAS IN AMERICAN POLICING 1, 2 (2010),
[Link]
[Link].
68
Id. at 3.
69
Id. at 3.
70
OECD, supra note 65, at 11.
Vandini Sharma (15019001005) Page | 24
citizens, especially to the less fortunate.71 Corruption has been touted as the primary reason
for the deficit in services.72 Corruption causes a lack of efficiency and equity among the
classes.73

At times benefits to a specific caste/religion of people to appease them to gain vote bank is
also an impediment to attaining proper performance from the public servants. Indian public
servants have fixed salaries, and there is no concept of pay on the basis of performance. This
shows that there may be a lack of service provided by the police officers as they have a lack
of incentives.74 Corruption for transfers, choice of postings, and promotions is rampant. This
is not limited to police officers. Government officers of almost all cadres tend to tap the
connections of their acquittances to get jobs at their choice of location.

Table 1.4
Corruption Perceptions Index

Year Norway Germany USA India

2015 5 10 16 76
2016 6 10 18 79
2017 3 12 16 81
2018 7 11 22 78
2019 7 9 23 80
2020 7 9 25 86
2021 4 10 27 85
2022 4 9 24 85
(Source: Transparency International Annual Reports.)75

71
Farzana Afridi, Governance and Public Service Delivery in India, IZA Discussion Papers, No. 10856 IZA 1,
8-14 (2017), [Link]
72
Id. at 3.
73
Benjamin A. Olken and Rohini Pande, Corruption in Developing Countries, 4 Annu. Rev. Econ 479, 480
(2012), [Link]
74
AFRIDI, supra note 71, at 9.
75
Transparency International, How Does Your Country Measure Up?, CORRUPTION PERCEPTIONS INDEX-2015
(Sep. 9, 2021, 11:00 PM), (pg. 6) [Link] Transparency
International, How Does Your Country Measure Up?, CORRUPTION PERCEPTIONS INDEX-2016 (Sep. 9, 2021,
11:00 PM), (pg. 4) [Link] Transparency International, How Does
Your Country Measure Up?, CORRUPTION PERCEPTIONS INDEX-2017 (Sep. 9, 2021, 11:00 PM), (pg. 4)
[Link] Transparency International, How Does Your Country
Measure Up?, CORRUPTION PERCEPTIONS INDEX-2018 (Sep. 9, 2021, 11:00 PM), (pg. 2)
[Link] Transparency International, How Does Your Country
Measure Up?, CORRUPTION PERCEPTIONS INDEX-2019 (Sep. 9, 2021, 11:00 PM), (pg. 2)
[Link] Transparency International, How Does Your Country
Vandini Sharma (15019001005) Page | 25
 Graph 1.3

Figure 1.2

Bad governance and corruption are like a vicious cycle. Corruption gives rise to weak
governance and vice versa. Governance can be described as the authority of the state to
provide public services and ensure development.76 Corruption entails using one’s public

Measure Up?, CORRUPTION PERCEPTIONS INDEX-2020 (Sep. 9, 2021, 11:00 PM), (pg. 2)
[Link] Transparency International, How Does Your Country
Measure Up?, CORRUPTION PERCEPTIONS INDEX-2021 (Jan. 9, 2022, 11:00 PM), (pg. 2)
[Link] Transparency International, How
Does Your Country Measure Up?, CORRUPTION PERCEPTIONS INDEX-2022 (Feb. 22, 2023, 11:28 PM), (pg. 2)
Report_CPI2022_English.pdf ([Link]).
76
SHIKHA JHA AND PILIPINAS F. QUISING, Corruption in Asia and the Pacific: A manifestation of weak
governance in GOVERNANCE IN DEVELOPING ASIA: PUBLIC SERVICE DELIVERY AND EMPOWERMENT 101
Vandini Sharma (15019001005) Page | 26
office for personal gains, for example, accepting payment for transfers and giving licences to
agencies not meeting the criteria, among others.

1.9 Review of Literature

An attempt has been made to review the massive literature on this topic to cover many aspects
of encounter killings. The legislation, both national and international, has been covered to cull
out the legal intricacies of encounter killings. The reverse pyramid model has been referred to
study the general literature on human rights and then focused on encounter killings.

1.9.1 Introduction to Human Rights

Human Beings enjoy some fundamental and inalienable rights known as ‘Human Rights’.
“Human Rights” is a basic term which consists of various kinds of rights like civil, social,
cultural and economic rights. Human rights also include civil liberties. Protecting the dignity
of all humans is the core idea of human rights.77 Therefore, all the rights which are required to
maintain human dignity are called Human Rights. These rights are considered indispensable
for every living individual.

In general, Human Rights can be understood as basic rights which every person is empowered
to enjoy against the arbitrary actions of the state or other authorities at the local level. The
ancient Indian thinkers were aware of the notions of human rights. Hence the general
perception that the concept of human rights originated in the West is not absolutely true. But
due credit must be given to the liberal Western philosophy, which had a significant role in
formulating and establishing modern liberal thought on Human Rights and Fundamental
Freedoms.

Justice Katju, in his speech on ‘Significance of Human Rights and its Correlation with
Judicial Function’, mentioned that despite the case of D. K. Basu v. State of West Bengal78
laying down guidelines for the arrest of an accused, the cases of police encounter killings still
continue. He recommended that the Indian Judiciary must uphold the constitution in its true
spirit and ensure that the articles of the constitution are followed stringently. However, Justice
Katju has interpreted upholding the political rights and civil liberties under Article 21 in the

(Edward Elgar Publishing, 2015) [Link]

[Link].
77
ADABALA RAVI PRASAD, HUMAN RIGHTS ENFORCEMENT MACHINERY WITH SPECIAL
REFERENCE TO THE SUPREME COURT OF INDIA 01-02 (Acharya Nagarjuna University 2011).
78
(1997) SCC (Cri) 92.
Vandini Sharma (15019001005) Page | 27
context of economic and industrial progress. No means to curb police atrocities have been
mentioned.79

1.9.2 NHRCs and SHRCs

In the article, ‘Human Rights-Rhetoric to Reality’, the author juxtaposes the ideas of human
rights in theory and their applicability in practice. The author emphasises on lack of execution
of all the domestic legislations and international legislations, treaties, covenants, and
conventions. The execution must be done properly to prevent gross violations of human
rights.80 The study will define how encounter killings affect the victim’s human rights.

The Protection of Human Rights Act 1993 was established with the objective of protecting the
human rights of the citizens of India. Both NHRC and SHRC were established under this act,
with the latter complementing the functioning of the former.81 The SHRCs were established to
ensure easier access for the complainants within their local area.82 There are many complaints
filed by the NHRC about violations of human rights by police. Both the commission register
complaints of custodial violence, the allegation of false cases, arbitrary arrest, extra-judicial
killing etc.83 The role and the functioning of both commissions will be discussed.

1.9.3 Legal Provisions

No provision in India authorizes encounters of criminals, no matter how heinous a criminal he
is. There are certain provisions that can be interpreted to be facilitating such powers on the
officials to deal with criminals. The provisions only lay down the extent of force/exercise, the
amount of power utilized to only arrest the alleged accused and for the self-defence of the
police official.84 The fact sheet for almost all the cases, wherever an encounter has taken
place, indicates the same story that that it had to be conducted for the self-defence of the
police official. This usually happens when there is either of two situations: one where the
person is trying to evade his arrest or when he escapes from the police custody. The factsheet

79
Justice M. Katju, The Significance of Human Rights and Its Correlation with Judicial Functioning, PL
WebJour 10, 11-12 (2003).
80
SURAJ NARAIN SINHA, Human Rights – From Rhetoric to Reality, in HUMAN RIGHTS YEAR BOOK 2010
78 (Universal Law Publishing Company Pvt. Ltd. 2010).
81
SAHRDC, INTRODUCING HUMAN RIGHTS: AN OVERVIEW INCLUDING ISSUES IF GENDER JUSTICE,
ENVIRONMENTAL, AND CONSUMER LAW 138 (Oxford University Press, 2006).
82
Id. at 39.
83
SANKAR SEN, HUMAN RIGHTS AND LAW ENFORCEMENT 78 (Concept Publishing Co., 2002).
84
People’s Union for Civil Liberties (PUCL Delhi) & Peoples Union for Democratic Rights (PUDR), What the
Law Says, in CLOSE ENCOUNTERS: A REPORT ON POLICE SHOOT-OUTS IN DELHI 1, 3 (2004),
[Link]
Vandini Sharma (15019001005) Page | 28
analyses the provisions critically but has not referred to the aspect of the alleged criminal
being a victim himself in that encounter. The study will contribute by examining and
analysing the domestic laws and to understand the identify the difference between genuine
and fake encounter killings.

Sections 100 and 103 of the IPC, 1860, describe how the right to private defence can be
utilized and whether these self-defence provisions differ between usage by a citizen of the
state and a police officer.

Section 100: When the right of private defence of the body extends to causing death.85

Constitution of India; Article 21 imbibes that every person, citizen or non-citizen,, has the
right that his life and his personal liberty are not harmed. A critical analysis will be conducted
by the research with reference to the violation/s of human rights due to encounter killings.

Section 46 (2) of the CrPC86 allows police officials by authorizing them to use all requisite
force to ensure that a person is duly arrested and if he attempts to evade his arrest. On the
other hand, Section 46 (3)87 limits the power of the police officials by not permitting them to
cause the death of a person who is not accused of an offence punishable with death or with
imprisonment for life.

It must be noted that the intention of the law is very clear. There will be no escape from penal
action if one exceeds the powers given to him and consequently causing more harm than
necessary. However, it can be seen that the laws are not executed properly. This only calls for
a stringent analysis of action before allowing the advantage of the exception. The analysis of
all the above provisions will throw light on how each of them is lacking somewhere and
indirectly letting the police officials misuse them for serving their own purposes.

85
Indian Penal Code, 1860, § 100, No. 45, Acts of Parliament, 1860 (India).
86
B. M. PRASAD AND MANISH MOHAN, RATANLAL & DHIRAJLAL; THE CODE OF CRIMINAL
PROCEDURE (AS AMENDED BY THE CRIMINAL PROCEDURE CODE, 2013), 60 (Lexis Nexis 2013).
87
Id. at 61.
Vandini Sharma (15019001005) Page | 29
1.9.4 Brief Summary of Judicial Precedents
In Raghbir Singh v. State of Haryana,88 the Supreme Court mentioned its disappointment
towards the police being involved in recurring acts of torture. The court iterates that these
cause fear in the minds of the citizens for their right to life for their own self and their family
members. The citizens tend to feel that their rights are constantly under peril.

In, the Andhra Pradesh Civil Liberties Committee (APCLC) v. Government of AP89, the
concerned encounter occurred between Naxalites and police in Andhra Pradesh. This case laid
emphasis on the complete execution of the guidelines provided by the NHRC for extrajudicial
killing. The Supreme Court recently laid down the guideline that no gallantry awards will be
awarded to police officials. In light of the case, the extent to which these guidelines laid down
in the said case have been executed.

In Prakash Kadam v. Ramprasad Vishwanath Gupta90, the act of the police extremely was
taken seriously, wherein some private individuals engaged police officers to kill an arch
nemesis, ‘Ramnarayan Gupta’. Prima facie, the police officers acted in the capacity of
contract killers for the goons. This indicates that when a police officer does not fulfil his duty
towards the state, the citizen is bound to feel unsure of his safety. The judge also opined that:
“if ordinary people commit crimes, ordinary punishments must be given, but if
policemen commit crimes, then much harsher punishment must be given”.

The landmark judgement, People’s Union for Civil Liberties v. State of Maharashtra91, by its
guidelines, has seen the entire aspect of encounter killings in a new light. For the first time,
the phrase ‘victim/criminal’ throws light on the aspect that the deceased criminal is killed and
is a victim in the encounter. This aspect will link the concept of primary, secondary and
tertiary victims under victimology and with basic criminal laws. Moreover, the guidelines in
this judgement have paid attention to the intricacies of such an episode. For example, the
guidelines mention that primarily after an encounter, the victim/criminal should be provided
medical aid, which has come up for the first time.

88
(1980) 3 SCC 70.
89
2009 (2) ALD 1.
90
(2011) 6 SCC 189.
91
(2014) 10 SCC 635.
Vandini Sharma (15019001005) Page | 30
Central Bureau of Investigation charged four policemen with life imprisonment for an
encounter that was committed in 1996 in Bhojpur in Modinagar. The police claimed that the
four men were ‘alleged gangsters’ and that they were caught during a regular patrol. Also, as
per the police narrative, their behaviour was suspicious, and when they fired at the police, the
police used retaliatory fire on ‘alleged gangsters’ to defend their own selves. The facts
mention that the ‘alleged terrorists’ worked as labourers in reality, and in order to avoid the
proceeding against them, the bodies of the accused/s were cremated on the pretext of being
unclaimed.92

1.9.5 Guidelines by the National Human Rights Commission

The NHRC has attempted to resolve the issue of fake encounters on several occasions. The
Commission recommended a standard operating procedure mandatorily practiced by all states
and union territories in the cases of encounter deaths. Three sets of guidelines were issued by
NHRC, once in 1997, the second in 2003, and the third set of guidelines in 2010. The study
shall analyse the guidelines and will specifically try to find out the level of execution of these
guidelines.

Moreover, there are certain points of difference between all three sets of guidelines. For
example, the guidelines in 2003 did not mention a specific time period within which a
magisterial inquiry shall be committed, but in the recent guidelines of 2010, a time period of
three months to conduct a magisterial inquiry has been specified. Therefore, a critical analysis
of all three sets of guidelines would help in finding the current applicability of the guidelines
in the State of Delhi. NHRC’s functioning is limited to making recommendations only and
not enforcing decisions.

1.9.6 Impunity for Encounter Killings

This work has probed whether police officers have some accountability for their duties. The
author recommends that the immense powers that the police have must be repealed and a
system of checks and balances must be made. The author questions the factors which enable
police officers to resort to improper methods while performing their duties.

92
Abhijay Jha, Four Cops Get Life Terms for Bhojpur Fake Encounter in 1996, TOI, (Feb. 23, 2017, 03:33
AM), [Link]
encounter/articleshow/[Link]#:~:text=GHAZIABAD%3A%20A%20CBI%20court%20here,in%20Bhoj
pur%20(Modinagar)%20area.
Vandini Sharma (15019001005) Page | 31
Moreover, since the entire system is weak, corruption, arbitrary out-of-turn promotions, and
easy tempering of evidence exist; therefore, police officials are able to change any case in
their favour.93 The literature, though, throws light on the aspects of impunity but does not
state the problems faced by the police department, which in turn cause the officials to commit
such acts. The other most striking gap that the said literature does not include is the aspect
where police officials die while performing their duty. Considering the scenario of
encounters, there is hardly any accountability of the department when a police official dies in
such an encounter. Hence, an attempt to identify the provisions that make the state authorities
accountable for the wrongs committed by them.

The author has recommended that police officers must be trained to do scientific
interrogation, but the author has failed to provide a procedure to the officials. Moreover, the
author also recommends that forensic tests like brain mapping, fingerprinting, etc., must be
deployed to conduct a fruitful investigation. The author fails to consider how these methods
can be misused to benefit the officials and how to keep the misuse in check.94

The NGO ‘Human Rights Watch’ has prepared a report titled ‘Broken System’ after
interviewing police officials regarding various aspects like police problems and the causes of
the lack of efficiency in the system. Police officials can commit encounter killings with
impunity. Many efforts have been made by the media and Non-Governmental Organisations
to make police officials accountable, but they have been weighed down by police deniability.
The police officials of higher rank have not been able to move away from political patronage
and allied profits. Also, The Central and State governments want the police officers to follow
their orders without any questions tends to stall the various efforts of reforming the overall
system.95

Usually, police officials themselves are only eyewitnesses of encounters which are
characteristically committed by a subordinate officer under the force/coercion of the senior
police officer. Hence, it seems likely that the state officials are aware of these acts but also

93
RADHA KALYANI, POLICE, CRIME AND HUMAN RIGHTS 192-93 (Raj Publication, 2003).
94
Ashish Kumar Srivastava, Fake Encounters and States’ Lawlessness; Human Rights Perspective, 6 RMLNLUJ
7, 2 (2014).
95
SHAH AND GANGULY, supra note 7, at 37.
Vandini Sharma (15019001005) Page | 32
privately sanction these encounter killings. This report also points towards the lack of
possibility of keeping an account of such killings.96

In the case, a man named Sugriv Singh Yadav, who was wanted for multiple crimes, expired
on the 6th of August 2008 in U.P. The police iterated that he was shot while trying to flee on a
motorbike after he himself and his three partners had stolen Rs. 10,000 and a mobile phone
from a man. The case came to the fore after the man complained to the police. However, the
lawyer for Yadav’s family claimed that the fuel tank of the alleged bike was empty, so the
question of fleeing on the bike did not arise. Also, no blood was found at the site of the
incident.

It can be seen that the statements by the police officials and the lawyer do not match. Hence
the significance that can be drawn here is that there are no witnesses other than the police
officials. It becomes extremely difficult to prove the actual happenings of that incident. This
report provides a blatant picture of how the entire system lacks something or the other. The
acceptability of encounter killings amongst police officials indicates that even though the
police officials are aware of their wrongdoings, at times, they are forced to follow orders from
their seniors. This report discusses the factors of encounter killings.97

1.9.7 Victim’s Right to Compensation

India has less scope for justice to be provided to the victims. For example, the restoration of a
rape victim is still taboo in India as far as the justice system and society are concerned. It is
believed that the victims have to suffice themselves with the fact that the culprit has been
punished. ‘Victims of Crime’ is any person, group of people or unit who suffers injury or loss
because of the illegal acts of another person.98 Since one of the objectives of the research is to
study the compensation scheme available in cases of fake encounters, therefore, conceptual
clarity of the primary, secondary and tertiary victim is very much required.

96
SHAH AND GANGULY, supra note 7, at 12.
97
Id. at 9.
98
N. V. PARANJAPE, CRIMINOLOGY AND PENOLOGY WITH VICTOMOLOGY, 665 (Central Law Publications 2011).
Vandini Sharma (15019001005) Page | 33
1.9.8 International Scenario
There can be hardly any doubt that in many other countries, governments and their agencies
tend to have killed or caused the disappearance of their own citizens to uphold their authority
and quash dissent. Sometimes, they are prosecuted by the presently established international
law framework of war crimes, crimes against humanity, and enforced disappearances.99
However, on closer examination of each crime's outline, it can be concluded that the
definition of extra-judicial killing is narrow, and it is to provide a specific definition for these
killings and resultantly laying down a procedure for holding the concerned people
accountable. The author is making an attempt towards criminalizing extra-judicial killings.
Meaning thereby, the author mentions the fact that there are conventions like UNCAT and
ICPPED, but the gap here is to understand that every state is different in various aspects like
Political System, Demography, Law and Order Execution Conditions etc. Therefore, the
research will attempt to identify the proper method of execution of these conventions.

Many of the extra-judicial killings occur in societies where corruption is pre-existing. There
are some measures of judicial systems which are unable to curb these activities and maintain
the due process of law. Political motivation or agenda is a reason for some of these killings.
But the author insists that this should never be a reason to commit extrajudicial killings. The
author states that if there are a few countries across the globe where the employees of the state
can cause the death of people for non-political causes, such impunity should not persist. The
author explains the causes of encounter killings but is laying more emphasis on politically
motivated murders.100

The research will also compare Norway, Germany, the UK and the USA, primarily these
being developed countries, can give a broader perspective of comparison as to how developed
countries deal with the said problem. Norway because it has almost been shuttling between
the first and the 2nd position on the democracy and the rule of law index. Moreover, these
countries have much cultural diversity and are racially different; therefore, the assumption
that most encounters are caused to target a specific race or category of people can be analysed
thoroughly.

99
Erin Creegan, Criminalizing Extra-Judicial Killings, 41 Denv. J. Int'l L. & Pol'y 185, 196 (2013).
100
SHAH AND GANGULY, supra note 7, at 36.
Vandini Sharma (15019001005) Page | 34
1.9.9 Counter-Narrative by Police Officials
The police infrastructure is in an abysmal condition. Majorly being the colonial era
constructions, it is crumbling and decaying. Some of the police stations in India are stocked
with obsolete gear and lack basic requirements. A staffing shortage also increases the woes of
the overstretched force. Furthermore, police officials are made to protect VIPs which usually
include politicians and their family members, celebrities, and businessmen.101

At times the low-ranking police officials are used as family servants too by their superiors.
Many police officers opined that the long working hours that they have to work for pent-up
frustrations and immense stress cause them to abuse power.102 The problems faced by police
officials bring a different aspect to the research wherein the police already lack infrastructure
and other basic needs, plus they are made to overwork, so it reflects badly on their
psychology, and they end up killing others out of frustration.

The lack of performance on behalf of the officer or the conduct of the officer can arise from
various reasons, for example, operational requisites or procedural roadblocks in policing or
lack of knowledge of the latest systematic requirement. Other conditions that bring about bad
performance of an officer are stress associated with the job or suffering during a certain
scenario, ineffectual or indifferent supervisor or leader, and inadequate manpower.103

1.9.10 Political Interference and Stalled Efforts at Reform

A police officer expressed his concern to Human Rights Watch that the police officials face
another problem of lack of law enforcement. The limitation in enforcing a law is possible up
to a limit courtesy of the fact that criminals are protected by the mighty and influential people
in the country. The criminals are not just supported and protected but also rewarded by such
people, resultantly making police officials being helpless. Hence, even though a police officer
is supposed to be tough on criminals, he cannot do his job properly and is barely able to
protect himself from the wrath of his superiors and other political influences. Moreover, when
a police official uses third-degree measures, that is also a case of human rights violations. The

101
SHAH AND GANGULY, supra note 7, at 26
102
Id. at 30.
103
Marilee J. Murgatroyd, Book Review: Police Corruption, Deviance, Accountability and Reform in Policing:
Punch, Maurice (2009), doi: 10.1093/police/paq049.

Vandini Sharma (15019001005) Page | 35

interference from political leaders and their superiors, the police have to give results
irrespective of the method that they use. Hence the situation is grim for them from both sides.

The study will be conducted by undertaking judgements and case studies of encounters in
Mumbai, Delhi, Gujarat and recent cases in Uttar Pradesh. Delhi has cases of organized
crimes ranging from Organ-Trafficking, Drug-Trafficking, Human Trafficking, and economic
offences.104 Therefore, the frequency of organized crimes in Delhi provides more causes for
such spontaneous shootouts resulting in either being genuine or fake. Gujarat has had
numerous encounter killings like the Sohrabuddin case and Ishrat Jahan Case. Some of the
most glorified “encounter specialist” police officials have earned the tag after committing
plentiful encounters and basking in the glory provided by the Indian media.

The research will attempt to find out which factors encourage encounter killings in India and
the existing laws and to understand and differentiate fake encounters and genuine encounters
based on judicial precedents. Furthermore, the best practices of various countries will be
analysed to check their applicability in India.

1.10 Objectives of the Research

a) To understand which factors cause the instances of encounter killings.
b) To interpret how the Encounter Killings in India on the Rule of Law and Natural Justice.
c) To analyse the legislation/s which prevent Encounter Killings or limit the force used in
criminal law?
d) To study the international best practices to curb the menace of fake encounter killings.
e) To propose legal recommendations and amendments based on the empirical data suitable
to the Indian demographic.

1.11 Research Questions

a) Which factors cause the instances of encounter killings?

b) How do Encounter Killings in India impact the Rule of Law and Natural Justice?

c) Which legislation/s prevents Encounter Killings or limits the force used in criminal law?

104
Kritika Sharma, 2013-A Year of Crackdown on Organised Gangs in Delhi, THE HINDU, (Jan. 6, 2014, 10:26
AM), [Link]
delhi/[Link].
Vandini Sharma (15019001005) Page | 36
d) What are the international best practices to curb the menace of fake encounter killings?

e) What legal recommendations and amendments can be suggested based on the empirical
data suitable to the Indian demographic?

1.12 Research Methodology

a) Type of Research: Combined Research (Doctrinal and Empirical).
b) Estimate Sample Size: 200-250.
c) Stakeholders: Judges, Lawyers, Academicians, Police Officials, Practicing Advocates,
Law Students and individuals from various professions.
d) Sampling Methods: Convenience Sampling, Stratified Random Sampling and Snowball
Sampling.
e) Data Collection Method: Questionnaire & Interview
f) Primary Data: Data collected by sending out questionnaires and conducting interviews of
Judges, Lawyers, Academicians, Police Officials.
g) Secondary Data: Articles, Texts Books, Amnesty International Reports, National Crime
Records Bureau Data.

1.13 Scope of Present Research and Limitations

a) Only encounter killings committed by police officers will be considered.

b) Bias of the Stakeholders.

1.14 Scope of Further Research

a) For further research, the encounters committed by the other agencies can be considered.
b) As per another chain of thought, wherein the maximum number of victims of encounter
killings are Muslims has not been discussed.

c) Exhaustive study of the judgements of encounter killings in the light of the Indian
Evidence Act of 1872, where the cases are analysed and appreciated with the evidence
found.

Vandini Sharma (15019001005) Page | 37

1.15 Chapter Scheme
a) Chapter I: Introduction
Chapter I consist of the introduction to the topic, historical background, research design and
the scheme of chapters.
b) Chapter II: Conceptual Analysis of Genuine Encounters and
Fake Encounters
Chapter II shall comprise concepts of the Rule of Law, Natural Justice, Abuse of Power, and
Excessive Power in light of the most controversial encounter killing in India. The case studies
include the study of the Batla House, Ishrat Jahan, Vikas Dubey, Sohrabuddin, and Hyderabad
encounters among others. The chapter also discusses the factors of encounter killings.
c) Chapter III: Legislative Framework and Judicial Approach
Chapter III analyses the Legislative Framework, i.e., all the relevant laws that are available in
India against Encounter Killing, predominant earlier journeying towards the recent
amendments. It includes Terrorism Laws, the Code of Criminal Procedure 1973, the Indian
Penal Code 1860, provisions of UDHR, ICCPR, CAT and CAED and the guidelines provided
by NHRC, among others, regarding encounter killings.
d) Chapter IV: Best Practices to Combat Fake Encounters
The term which is synonymous with Encounter killings in foreign countries is ‘Enforced
Disappearances’. The main aim of this chapter would be to understand the various aspects of
encounter killings in these countries and compare the laws and methods that these countries
have used to battle encounter killings. The chapter will consider the USA, UK, Norway and
Germany to compare and analyze best practices.
e) Chapter V: Analysis and Findings
In this chapter the analysis of the data collected through the methods mentioned below, and
the results have been discussed. The chapter also discusses the summary of the findings.
 Sample Size: 250
 Stakeholders: Judges, Lawyers, Academicians, Police Officials, Forensic Experts, Human
Rights Activists / Organizations and youngsters from various fields.
 Sampling Method: Convenience Sampling, Stratified Random Sampling and Snowball
Sampling.
 Data Collection Method: Questionnaire (via Google Form) & Personal and Telephonic
Interviews.
f) Chapter VI: Conclusions and Suggestions

Vandini Sharma (15019001005) Page | 38

This chapter lists out the findings of the research, concluding remarks and recommendations,
keeping in mind the feasibility of the suggestions.

Vandini Sharma (15019001005) Page | 39