Law of Encounters

Uttar Pradesh has seen many encounters allegedly done by police officials from year 1975 onwards. Can such encounters be treated legal ? The law regarding encounter was made clear in Extra Judicial Execution Victim Families Association (EEVFAM) v Union of India [2016] GCtR 6301 (SC). 

It was held that in the event of an offence having been committed by any person in the Police or the armed forces through the use of excessive force or retaliatory force, resulting in the death of any person, the proceedings in respect thereof can be instituted in a criminal court subject to the appropriate procedure being followed. The law is therefore very clear that if an offence is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the Code of Criminal Procedure, 1973.