Custodial Death/ Encounter

The fake or custodial encounters are very common issues in various countries. The number of fake encounters is increasing every year according to the annual report of National Human Rights Association in India. The states like Jammu & Kashmir, Andhra Pradesh, Uttar Pradesh, Bihar and some other states has many custodial or fake encounters annually. The fake encounters are done by either states police or armed forces.

In fake or custodial encounters, the police or armed forces kill the suspected person on the basis of his/her criminal activities, when the person is either in custody or are unarmed, and then police claim to have shot them in self-defence. In such types of cases, the police or armed forces may plant weapons on or near the corpses for proof and killing the individual. To clarify the inconsistency between records that show that the particular person was in police custody at the time of his/her “encounter”, the police may say that the suspected person had escaped. These types of fake encounters are not authorized by a court or by the law.

The National Human Rights Association has issued guidelines for state governments to prevent the fake or custodial deaths in the cities or states. Hence, the members of security forces are probably responsible for these types of deaths. The NHRC or NHRA may ask for a annual report of encounters with details from state government, but without interfere of central government or any legal bodies, no one have the statutory power to investigate such types of allegations. However, the National Human Rights Association efforts to get the details of annual encounters from state governments.

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