Questions are now being raised about the Mangesh Yadav encounter in the robbery case of a bullion trader in Sultanpur, Uttar Pradesh. While Samajwadi Party president Akhilesh Yadav is saying that the administration is taking action based on caste, Congress leader Rahul Gandhi is saying that the ‘law and constitution’ are being violated in BJP-ruled states.
Apart from this, many people on social media are also raising questions on the way police conduct encounters. Let us tell you today in what circumstances police conduct encounters and in what circumstances the encounters conducted by police are termed as fake.
When can police do an encounter
There is no direct mention of encounter in the Indian Constitution. But in some special circumstances, in case of self-defense or necessity, the police can encounter a criminal. For example, Section 96-106 of the Indian Penal Code (IPC) gives the right to self-defense. According to this, if a policeman or any person uses force to save his life, then it will be considered self-defense.
Understand it this way that if a criminal or terrorist is making a deadly attack on the police or on the citizens, then the police has the right to shoot in self-defense. However, even while shooting, the police has to take care that the criminal is first shot in the leg, so that he does not get injured and die.
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Under what circumstances is an encounter considered fake
Actually, encounter is generally considered a necessary measure to stop criminals, terrorists and people who pose a threat to society. However, when an encounter by the police takes place under suspicious circumstances and a person is killed without following the legal process, then it is termed as a “fake encounter”. But whether the police encounter is fake or not, it is decided by the court or the investigating agencies after investigation.