Encounter Killings in India [UPSC Notes]

The recent encounters or extrajudicial killings by UP police has turned the focus on guidelines and procedure issued by NHRC and Supreme Court on this matter. In this article, you can read about the SC guidelines on encounter killings and the NHRC’s opinion on the matter as well. This topic is important for the IAS exam GS paper II.

Supreme Court Guidelines on Encounters

In 2014, the SC issued guidelines on encounters in the case PUCL vs the State of Maharashtra. The 16-point guidelines were issued by a bench of then CJI RM Lodha and Rohinton Fali Nariman.

• The guidelines mandated  

• • Registration of a First Information Report (FIR) along with provisions for magisterial inquiry.
  • Keeping written records of intelligence inputs. 
  • Independent investigation by bodies such as the CID.

• Guidelines mandate magisterial inquiry in all cases of death due to encounters or in course of police action. The closest living relative of the deceased must be associated with such enquiry.
• In cases of allegations against the police of culpable homicide, First Information Report (FIR) must be registered under appropriate sections of IPC. Such an inquiry under Section 176 of the Code of Criminal Procedure, 1973 must show whether the use of force is justified or the action taken was lawful.
• After completing the enquiry a report must be sent to the judicial magistrate.
• Further, the guidelines require police to record in writing in some form (in a case diary) or electronic form about any intelligence or tip-off on criminal movements or offensive activities.
• In case of any encounter or use of a firearm by police resulting in death, FIR must be registered and forwarded to court without delay under Section 157.
• The guidelines also include provisions for an independent investigation by the CID or police team of another police station under the supervision of a senior officer.
• The court directed to follow the guidelines by treating them as law under Article 141 of the Constitution of India.
• The court required NHRC intervention only in cases of serious doubt about the independent and impartial investigation.

NHRC Guidelines on Encounter Killings

• NHRC guidelines came into existence after former CJI Justice M N Venkatachaliah wrote to all Chief Ministers about the National Human Rights Commission (NHRC) receiving complaints about fake encounters.
• NHRC asked all states and UTs to ensure they follow certain guidelines in case of police encounters.
• Guidelines mandated police to maintain an appropriate register containing information about encounter deaths.
• Guidelines also require police to investigate the facts and circumstances of death immediately upon receiving such information of such instances.
• Guidelines of NHRC also include compensation for the dependents of the deceased where there is a conviction and prosecution of police officers.
• Guidelines were amended in 2010 requiring registration of an FIR, magisterial inquiry and reporting of all death cases to the NHRC by a Senior Superintendent of Police or Superintendent of Police of the District within 48 hours of such death. 
• A second report must be sent to NHRC after three months including information on the post-mortem report, inquest report and the enquiry findings. 

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