FAKE ENCOUNTERS IN INDIA: A Criminal Law Critique of Encounter Justice

  • Unique Paper ID: 204636
  • Volume: 13
  • Issue: 1
  • PageNo: 3389-3402
  • Abstract:
  • Encounter killings have become one of the most debated issues in India's criminal justice system. While they are often justified as an effective response to serious crime and delays in the judicial process, allegations of fake encounters raise serious concerns regarding police accountability, legality, and due process. Public support for such actions is frequently driven by frustration with the slow pace of criminal trials and a desire for immediate justice. However, these concerns must be balanced against the fundamental principle that every individual is entitled to a fair trial and equal protection under the law. Fake encounters are not merely questions of human rights violations; they also raise important issues of criminal liability. When police officers use lethal force outside the limits prescribed by law, questions arise regarding accountability, abuse of authority, and the proper functioning of the criminal justice system. Judicial decisions of the Supreme Court have repeatedly emphasised that no person can be deprived of life except through a procedure established by law and that allegations of encounter killings must be subjected to independent investigation. This study examines fake encounters from a criminal law perspective, focusing on the limits of police power, the legal consequences of unlawful use of force, and the effectiveness of existing accountability mechanisms. It argues that while effective policing is essential for maintaining public order, the pursuit of justice cannot come at the cost of due process and the rule of law. Strengthening accountability, ensuring transparent investigations, and promoting constitutional policing are necessary to prevent the misuse of State power and preserve public confidence in the justice system.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{204636,
        author = {NIRMALA K},
        title = {FAKE ENCOUNTERS IN INDIA: A Criminal Law Critique of Encounter Justice},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {13},
        number = {1},
        pages = {3389-3402},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=204636},
        abstract = {Encounter killings have become one of the most debated issues in India's criminal justice system. While they are often justified as an effective response to serious crime and delays in the judicial process, allegations of fake encounters raise serious concerns regarding police accountability, legality, and due process. Public support for such actions is frequently driven by frustration with the slow pace of criminal trials and a desire for immediate justice. However, these concerns must be balanced against the fundamental principle that every individual is entitled to a fair trial and equal protection under the law. Fake encounters are not merely questions of human rights violations; they also raise important issues of criminal liability. When police officers use lethal force outside the limits prescribed by law, questions arise regarding accountability, abuse of authority, and the proper functioning of the criminal justice system. Judicial decisions of the Supreme Court have repeatedly emphasised that no person can be deprived of life except through a procedure established by law and that allegations of encounter killings must be subjected to independent investigation. This study examines fake encounters from a criminal law perspective, focusing on the limits of police power, the legal consequences of unlawful use of force, and the effectiveness of existing accountability mechanisms. It argues that while effective policing is essential for maintaining public order, the pursuit of justice cannot come at the cost of due process and the rule of law. Strengthening accountability, ensuring transparent investigations, and promoting constitutional policing are necessary to prevent the misuse of State power and preserve public confidence in the justice system.},
        keywords = {Fake Encounters, Police Accountability, Criminal Liability, Due Process, Rule of Law.},
        month = {June},
        }

Cite This Article

K, N. (2026). FAKE ENCOUNTERS IN INDIA: A Criminal Law Critique of Encounter Justice. International Journal of Innovative Research in Technology (IJIRT), 13(1), 3389–3402.

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