Beyond the Rule of Law: Extra-Judicial Killings in India and Constitutional Accountability

Beyond the Rule of Law: Extra-Judicial Killings in India and Constitutional Accountability

PRADAKSHINA SARMAH

Extra-judicial killings refer to acts where law enforcement officials, government agents, or individuals acting on behalf of state authority intentionally inflict lethal force upon a person without the sanction of any judicial proceeding or legal process. These killings occur outside the established legal framework that governs the use of force by state actors, such as police officers or military personnel.

Key aspects of extra-judicial killings

Absence of Due Process: These killings bypass legal procedures and judicial oversight, denying individuals their right to a fair trial, legal defence, and judicial review.

Implications for Human Rights: Extra-judicial killings often violate fundamental human rights, including the right to life, the right to security, and protection against arbitrary deprivation of life as enshrined in international human rights conventions.

Political or Social Motivations: These killings may be driven by political agendas, social prejudices, or attempts to suppress dissent, often targeting individuals perceived as threats to state authority or societal norms.

Impunity and Lack of Accountability: Perpetrators of extra-judicial killings frequently escape legal consequences due to inadequate investigations, weak judicial oversight, or systemic corruption, leading to a culture of impunity.

Impact on Society: Such killings erode public trust in law enforcement institutions, undermine confidence in the rule of law, and perpetuate cycles of violence and reprisals within communities.

Examples of extra-judicial killings range from assassinations of activists or journalists to police encounters where suspects are allegedly killed in self-defence. These incidents are particularly contentious in countries with weak governance or societal divisions. Addressing extra-judicial killings requires robust legal frameworks, effective oversight mechanisms, respect forhuman rights, and accountability for state actors, ensuring adherence to lawful procedures and upholding justice and the rule of law in democratic societies.

Causes of Extra-Judicial Killings

The causes of extra-judicial killings in India are multifaceted and arise from a combination of systemic, institutional, socio-political, and cultural factors. Here are some of the key causes:

Speed Over Procedure: Encounters are often seen as a shortcut to achieve quick results. Due process, which involves investigation, arrest, prosecution, and trial, can be lengthy and resource-intensive. In contrast, encounters provide an immediate, albeit extra-judicial, resolution.

Public Perception: The public may view encounters as a demonstration of swift justice, especially when they lose faith in the judiciary’s ability to deliver timely verdicts. This perception can bolster the police’s image as effective enforcers of law and order, even if the encounters bypass legal procedures.

Lack of Resources: Police forces may face resource constraints, including personnel shortages, inadequate training, or insufficient investigative tools. Encounters, being more immediate, can be seen as a more practical approach under such limitations.

Avoiding the Burden of Investigation: Proper investigation and legal prosecution require significant effort, documentation, and time. Encounters circumvent this burden, providing a quick fix to ongoing criminal activities.

Political Backing: In some cases, political leaders may support or even encourage encounters to showcase their commitment to law and order, thereby gaining public favour and votes.

Addressing these underlying causes requires comprehensive reforms across multiple fronts, including strengthening police training and accountability mechanisms, enhancing judicial oversight, promoting human rights education and awareness, and fostering a culture of respect for the rule of law and due process. Efforts to combat extra-judicial killings must prioritize systemic reforms that uphold constitutional guarantees and protect the rights of all individuals within India’s diverse society.

Legal Framework of Extra-Judicial Killings

The legal and constitutional framework surrounding extra-judicial killings in India is governed by several key laws, constitutional provisions, and judicial interpretations aimed at safeguarding fundamental rights and ensuring accountability. Following are the main components: –

Right to Life and Personal Liberty:Article 21 of the Constitution of India guarantees the right to life and personal liberty to all persons, including protection against arbitrary deprivation of life. This fundamental right forms the bedrock of legal protections against extra-judicial killings.

Indian Penal Code (IPC): Relevant provisions of the IPC, such as Section 302 (murder) and Section 304 (culpable homicide not amounting to murder), define the legal consequences for causing death unlawfully. These provisions are crucial in prosecuting cases of extra-judicial killings.

Police Acts and Regulations: Each state in India has its own Police Act and regulations that govern the conduct, responsibilities, and accountability of police officers. These acts typically include provisions related to the use of force, arrest procedures, and disciplinary measures for misconduct.

National Human Rights Commission (NHRC): The NHRC is mandated to investigate complaints of human rights violations, including cases of extra-judicial killings. It serves as an independent oversight body tasked with ensuring that state actions comply with constitutional and human rights norms.

International Human Rights Obligations: India is a signatory to various international human rights treaties and conventions that impose obligations on the state to protect and uphold human rights, including the right to life and prohibition of torture or cruel, inhuman, or degrading treatment.

Bharatiya Nyaya Sanhita (BNS):Section 38 of the BNS allows a person including a police officer to use necessary force, extending up to causing death, in order to protect themselves or others from grievous hurt or death.

Challenges within this legal framework often include gaps in enforcement, weak accountability mechanisms, and instances of impunity for perpetrators of extra-judicial killings. Efforts to address these challenges require robust reforms, including strengthening judicial oversight,enhancing police training on human rights and legalprocedures,improving accountability mechanisms, and promoting a culture of respect for constitutional rights and the rule of law.

While India has a comprehensive legal and constitutional framework aimed at protecting citizens’ rights and preventing extra-judicial killings, effective implementation and enforcement remain critical to ensure adherence to these principles in practice. Continued efforts are necessary to uphold human rights, strengthen accountability, prevent abuses of power by state actors, and safeguard the rights of all individuals.

SC Rulings on Extra-Judicial Killings

D.K. Basu v. State of West Bengal (1996): Ruled that extra-judicial killings violate human dignity and laid down strict arrest and detention procedures to prevent custodial violence.

Om Prakash v. State of Jharkhand (2012): Declared that police cannot kill suspects simply because they are criminals, labelling such acts as “state-sponsored terrorism.”

Prakash Kadam v. Ramprasad Vishwanath Gupta (2011): Held that fake encounter killings by police amount to cold-blooded murder, and guilty officers deserve the death penalty.

Recent incidents of extra-judicial killings in India

Hyderabad Rape and Murder Case (2019): Four accused in the gang rape and murder of a veterinarian were killed by Telangana police during a purported escape attempt during a crime scene reconstruction.

Vikas Dubey Encounter (2020): Vikash Dubey, a wanted gangster, was killed by Uttar Pradesh police after allegedly attempting to flee following a car accident.

Hathras Case (2020): Uttar Pradesh police faced criticism for their handling of protests following the gang rape and murder of a Dalit woman, with allegations of information suppression.

Maoist Encounter in Chhattisgarh (2021): Encounters between security forces targeting suspected militants, raising allegations of extrajudicial killings and calling for impartial investigations.

Encounter in Manipur (2022): Manipur encounters involving security forces targeting suspected militants, raising allegations of extrajudicial-killings and calling for impartial investigations.

Ramanuj Goswami Case: A recent high-profile custodial incident in September 2026 involved a man accused of a brutal crime of his wife, dying after allegedly leaping from a moving police vehicle during an escape attempt, drawing scrutiny from legal representatives.

Extra judicial killings in India have become a systematic crisis in 2026, with United Nations reports and national data revealing hundreds of custodial deaths and encounter killings, disproportionately affecting marginalized communities such as Dalits, Adivasis, Muslims, migrant workers and LGBTQIA+. In the first few months of 2026alone, over 170 custodial deaths were reported, surpassing the total of the previous years.

Victims often face torture, abuse, and denial of medical care before theirdeaths, and states like Uttar Pradesh, Assam, Bihar, and Tamil Nadu have recorded particularly high numbers of such incidents. Despite mounting evidence, accountability remains elusive no police officer has been convicted for encounter deaths in the past six years, and the government frequently dismisses international criticism as interference in domestic affairs.

This culture of impunity erodes public trust in the justice system, undermines the rule of law, and damages India’s global reputation. Addressing this crisis requires urgent reforms, independentinvestigations, and stronger safeguards to ensure justice is not bypassed by the very institutions meant to uphold it.

MAHABAHU MIRROR

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India’s approach to extrajudicial-killings differs significantly from many other countries, especially developed nations with robust legal systems and human rights protections. In countries like the United States and the United Kingdom, extrajudicial killings are rare due to strict adherence to legal procedures, strong judicial oversight, and comprehensive accountability mechanisms for law enforcement agencies.

These countries prioritize due process, ensuring suspects are afforded their legal rights and any use of force is strictly regulated and justified.

In contrast, India faces challenges with extrajudicial killings due to systemic issues such as political interference, corruption, and inadequate accountability mechanisms within law enforcement. The prevalence of encounters and custodial deaths highlights deficiencies in legal frameworks and enforcement practices, leading to concerns over human rights violations and erosion of trust in the justice system.

International comparisons underscore the needfor India to strengthen its legal safeguards, enhance police training and accountability, and uphold constitutional rights to align with global standards of justice and respect for human dignity. Addressing these disparities requires comprehensive reforms aimed at promoting transparency, accountability, and adherence to the rule of law in law enforcement practice.

REFERENCES:

1.The Celebration of Extra-Judicial Murders: Who’s Watching India?

2. .Extra-Judicial Killings in India: A Critical Analysis

3. Extra Judicial Killings in India

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