EXTRA JUDICIAL ENCOUNTER UNDER BNSS
AUTHOR – MS. LEPAKKSHI M K*, MS. T.VAISHALI**, MR. S. PRAVEEN*
* THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA
** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW & CRIMINAL JUSTICE AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI,INDIA
BEST CITATION – MS. LEPAKKSHI M K, MS. T.VAISHALI, MR. S. PRAVEEN, EXTRA JUDICIAL ENCOUNTER UNDER BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 680-689, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
Extrajudicial encounters—commonly known as “encounter killings”—are among the most controversial practices in Indian policing, raising serious questions about the balance between public demand for quick justice and constitutional protections of due process. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973 (CrPC), debates about police powers and the safeguarding of fundamental rights have been renewed. This paper critically assesses whether the BNSS offers stronger protections against extrajudicial killings or, alternatively, whether its expanded rules on arrest, investigation, and use of force might legitimize police abuses.
The analysis begins with a conceptual understanding of extrajudicial encounters and their causes, followed by a comparative study of relevant provisions under the CrPC and the BNSS. Judicial pronouncements, particularly People’s Union for Civil Liberties v. State of Maharashtra (2014)[1],have laid down mandatory safeguards against encounter killings, while constitutional protections under Articles 14, 21, and 22 remain the bedrock of the right to life and personal liberty. However, the persistent occurrence of encounter deaths and the glorification of “instant justice” highlight systemic failures of accountability.
This study further situates the BNSS within the broader framework of human rights law, referencing the guidelines of the National Human Rights Commission (NHRC)[2] and international standards such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)[3].It argues that while the BNSS introduces procedural reforms—such as mandatory forensic investigation and stricter timelines for trial—the absence of explicit safeguards against unlawful police action raises concerns about potential misuse.
The paper concludes that without strong oversight, independent probes, and clearer limits on police powers, the BNSS may reinforce impunity. Ensuring accountability is crucial to uphold constitutional values and international human rights standards.
Keywords – Extrajudicial encounter, self defence, National Human Rights Commission, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights
[1] People’s Union for Civil Liberties v. State of Maharashtra, (2014) 10 SCC 635.
[2] National Human Rights Commission of India, “Guidelines on Encounter Deaths” (1997, revised 2010).
[3] United Nations, “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,” Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August–7 September 1990.