What is Extrajudicial Killings?
Historical Background
Key Points
12 points- 1.
Extrajudicial killing means a person is killed by state agents like police or military without any legal trial or court order. It is not a legal execution, and it directly violates the right to life.
- 2.
These killings are a direct violation of Article 21 of the Indian Constitution, which guarantees the fundamental right to life and personal liberty, ensuring no person shall be deprived of their life except according to procedure established by law.
- 3.
Police often justify these incidents by claiming self-defense, or that the accused was trying to escape from custody or resist arrest, leading to a fatal confrontation. This narrative is frequently challenged by human rights groups.
- 4.
The primary problem it 'solves' from the perspective of some law enforcement agencies is the perceived need to quickly eliminate dangerous criminals or terrorists, bypassing the often slow and complex judicial system.
Visual Insights
Procedure for Investigation of Encounter Deaths (SC & NHRC Guidelines)
This flowchart outlines the mandatory steps and procedures to be followed by law enforcement agencies and the judiciary in cases of alleged encounter deaths, as mandated by the Supreme Court in PUCL vs State of Maharashtra (2014) and NHRC guidelines, ensuring accountability and adherence to the rule of law.
- 1.Alleged Encounter Death Occurs
- 2.Register FIR (against police officials if prima facie evidence of offense)
- 3.Mandatory Magisterial Inquiry (under Section 176 CrPC)
- 4.Report to NHRC/SHRC (within 48 hours)
- 5.Independent Investigation (by SIT or CBI if required)
- 6.Inform victim's next of kin
- 7.Compensation to victim's family (if fake encounter proven)
- 8.Action against guilty officials / Case closed
Extrajudicial Killings: Causes, Consequences & Safeguards
Recent Real-World Examples
1 examplesIllustrated in 1 real-world examples from Mar 2026 to Mar 2026
Source Topic
Punjab & Haryana HC Takes Suo Motu Cognizance of Alleged Fake Encounters, Issues Notice to Police
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
61. What is the crucial difference between an 'extrajudicial killing' and a 'lawful killing' by police in self-defense or during an escape attempt, as often tested in MCQs?
The key difference lies in the *process* and *judicial oversight*. A lawful killing, even in self-defense or to prevent escape, is subject to immediate legal scrutiny and must be proven justifiable *after* the incident. An extrajudicial killing, by definition, bypasses *any* legal process or judicial authorization *before* or *during* the act, making it inherently unlawful.
- •Lawful Killing: Occurs under specific provisions (e.g., IPC sections for self-defense, CrPC for preventing escape) and is *later* subject to judicial review to determine its legality.
- •Extrajudicial Killing: Lacks any prior legal sanction or judicial order, and is a deliberate act of killing by state agents outside the established legal framework.
- •Article 21: Lawful killings operate within the 'procedure established by law', whereas extrajudicial killings are a direct violation of Article 21's guarantee of the right to life.
Exam Tip
In statement-based MCQs, look for keywords like "judicial authorization," "due process," or "procedure established by law." If these are absent or bypassed, it's likely an extrajudicial killing.
