Introduction
Encounters, a term commonly used to describe the killing of alleged criminals by law enforcement officers, have been a subject of significant debate in India. While such actions are justified under certain circumstances, such as self-defence, the increasing number of fake encounters has raised concerns about police accountability, human rights, and legal safeguards. This article delves into how encounters take place, the procedures that govern them, and notable cases where encounters were found to be staged or fake.

Legal Framework Governing Encounters

The use of lethal force by police officers is governed by Sections 96-106 of the Indian Penal Code (IPC), which permits the right of private defence. Specifically, Section 100 allows the use of lethal force if the police believe their life is in imminent danger. However, the police cannot act as judge, jury, and executioner. Encounters must align with constitutional mandates, particularly Articles 21 (Right to Life) and 22 (Protection against Arbitrary Arrest and Detention).

• Supreme Court Guidelines (PUCL v. State of Maharashtra, 2014): The SC laid down 16 guidelines that must be followed after an encounter. These include mandatory filing of an FIR, independent investigation by a different agency, and immediate magisterial inquiry.
• NHRC Guidelines (1997): The NHRC requires reporting every encounter within 48 hours and conducting an independent investigation to ascertain if the encounter was genuine or staged.

Procedure of Encounters

On-Spot Action:

Encounters typically occur when the police claim they were fired upon by criminals and responded in self-defense. This situation creates a scenario where the police justify the use of lethal force as a necessity.

Post-Encounter Procedures:

• Filing of FIR: After the encounter, the police are mandated to file an FIR, which must contain a detailed report of the incident.
• Magisterial Inquiry: A judicial magistrate investigates the encounter to ensure transparency.
• Medical Examination: The bodies of those killed must undergo a post-mortem examination, which should be video recorded.
• Independent Investigation: Another police unit or independent agency (such as the CBI) should carry out the investigation to avoid bias.

Fake Encounters

Fake encounters occur when the police kill a person extrajudicially under the guise of an encounter, often claiming the deceased was a dangerous criminal. The motivation behind fake encounters can range from eliminating criminal elements, pressure from the public for swift justice, to personal vendettas.

Notable Case Laws:

• Prakash Kadam v. Ramprasad Vishwanath Gupta (2011): The Supreme Court held that fake encounters were nothing but "cold-blooded murders" and warned that officers involved could face capital punishment.
• Sohrabuddin Sheikh Encounter Case (2010): This case involved the alleged fake encounter of Sohrabuddin Sheikh by Gujarat police. It raised serious questions about state complicity and prompted a CBI investigation. The trial saw acquittals, but it highlighted systemic issues within the police forces.
• Ishrat Jahan Case (2004): This case, involving the alleged encounter killing of 19-year-old Ishrat Jahan by Gujarat police, has been the subject of intense legal scrutiny. The CBI investigation revealed that it was a staged encounter, casting doubt on the police version of events.

Conclusion While encounters are often viewed as a necessary tool in law enforcement to combat serious crime, the rise of fake encounters points to a troubling trend of extrajudicial killings. The judiciary, through strict guidelines and case laws, has emphasized the need for accountability and procedural integrity. Fake encounters undermine the rule of law, and adherence to constitutional and legal mandates is essential to preserve human rights and ensure justice.