Guidelines & Law related to POLICE ENCOUNTER

Police Encounters are also known as Encounter killings" or "retaliatory killings" or "extra-judicial executions"

 . The defense given by Police to justify such encounters is that it was done or carried out in their own self defense. The defense of encounter killing is only available to Police. On the contrary private defense is available to all citizens to confront with situations of grave danger to their life. Indian Penal Code (IPC), contains provisions related to private defense (Sections 96 to 100).

SUPREME COURT , in "PUCL vs State of Maharashtra AIR 2014" laid down guidelines and standard procedure to investigate a Police encounter. The Guidelines which were laid down are as follows:

1. Whenever any Police Department receives any substantial information or tip regarding any grave criminal offence it must always be recorded in written or electronic form. Although it must not contain the details of the alleged accused or his/her location.
2. Investigations of such encounters should be done in a transparent manner. It could be done by an independent Criminal Investigation Department (CID) team or by a team of another Police station under the supervision of Senior Officer.
3. Reports of all such encounters must without any delays should be sent to a Judicial Magistrate.
4. It is the duty of Police officers to inform National or State Human Right Commissions as the case may of any such encounters.
5. In such cases of encounters there should be no delay in sending First Information Report (FIR), panchnamas, and Police diary entries to the concerned court for investigation.
6. The dependants of the accused/ criminal must be informed immediately of such encounter.
7. In such cases of encounters a request for grant of compensation to the dependents of victim must applied as per the provisions of Section 357-A of the Code of Criminal Procedure.
8. The Police officers who was involved in such encounters must surrender their weapon for forensic and ballistic examination.
9. No promotional or gallantry awards must be given to the Police officers immediately after such encounters.
10. If the dependents of the accused/criminal thinks fit that the above laid procedure has not been followed then they can file a complaint with the Sessions Judge.