Law Relating To Encounter Killings By The Police

4 years, 11 months ago

Law Relating To Encounter Killings By The Police

Live Law

"Encounter killings" or "retaliatory killings" or "extra-judicial executions" by the Police are disconcertingly on the increase now-a-days. It may be profitable to reproduce those Sections hereinbelow:- SECTIONS 96 TO 106 OF IPC " Section 96: Things done in private defence Nothing is an offence which is done in the exercise of the right of private defence Section 97: Right of private defence of the body and of property Every person has a right, subject to the restrictions contained in Section 99, to defend - First - His own body, and the body of any other person, against any offence affecting the human body; Secondly - The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief for criminal trespass. Section 100: When the right of private defence of the body extends to causing death The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely :-- First-Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly-Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly-An assault with the intention of committing rape; Fourthly-An assault with the intention of gratifying unnatural lust; Fifthly-An assault with the intention of kidnapping or abducting; Sixthly-An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. Section 103: When the right of private defence of property extends to causing death The right of private defence of property extends, under the restrictions mentioned in Section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely; - First-Robbery; Secondly-House-breaking by night; Thirdly-Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; Fourthly-Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. Similarly, Section 103 IPC enumerates the situations under which a person may do the extreme step of causing "death" in exercise of the right of private defense of property.