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Fake Encounter

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FAKE ENCOUNTERS IN INDIA
Aastha Maheswari 1) Distinguish between fake encounters and genuine encounters? Ans: A fake encounter is where a person has been killed in cold blood, and not in self-defence, Whereas a genuine encounter is that in which a person has been killed in self-defence. If somebody is firing at you, and the only way to stop him from killing or grievously injuring you is to shoot back, in that case you’re a part of a genuine encounter. Whereas a fake encounter is when you catch hold of somebody and kill him in cold blood. There is absoutely no threat to you. The Central and State governments generally interpret the word, encounter, to mean genuine encounters, with fake encounters being an exception rather than the rule. Those fighting for civil liberties, however, say that the dividing line between genuine and fake encounters is rather tenuous and argued that most of the cases considered by the police as genuine are indeed fake.

2) Does the police have the right to kill the suspects? Why do they resort to take such extreme measures? Ans: The Indian law recognizes the right of a citizen to private defence , and this same right is available to the policemen too. Thus, If the police is firing in an attempt to arrest a person accused of an offence punishable with death or imprisonment of life by the court orders, in that case the encounter cannot be termed as illegal or fake. However, if a death is caused in an ecounter that cannot be justified on the ground of a legitimate exercise of the right to private defence, or in proper exercise of the power of arrest under Section 46 of Criminal Procedure Code, the police officer causing the death would be guilty of the offence of committing a culpable homicide. Political compulsions the greed to earn early accolades and promotions and even reasons as petty as a revengeful punishment are few of their driving…...

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