Supreme Court's Directives on Encounter Killings

The Supreme Court, in 2014, issued a 16-point guideline for encounters in the case of PUCL vs the State of Maharashtra. The guidelines, issued by a bench headed by then CJI RM Lodha and Rohinton Fali Nariman, are as follows:

• Registration of a First Information Report (FIR) is mandatory, along with provisions for a magisterial inquiry.
• The police must keep written records of intelligence inputs.
• An independent investigation by bodies such as the CID is a requirement.
• A magisterial inquiry is mandated in all cases of death due to encounters or in the course of police action. The closest living relative of the deceased must be involved in such an enquiry.
• In cases where the police are accused of culpable homicide, an FIR must be registered under appropriate sections of IPC. An inquiry under Section 176 of the Code of Criminal Procedure, 1973 must determine whether the use of force was justified or if the action was lawful.
• Upon completion of the enquiry, a report must be sent to the judicial magistrate.
• The police are required to record in writing or electronic form any intelligence or tip-off on criminal movements or offensive activities.
• In the event of an encounter or use of a firearm by the police resulting in death, an FIR must be registered and forwarded to court under Section 157 without delay.
• The guidelines also include provisions for an independent investigation by the CID or police team from another police station under the supervision of a senior officer.
• The court directed these guidelines to be treated 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's Stance on Encounter Killings

• The NHRC guidelines were established after former CJI Justice M N Venkatachaliah wrote to all Chief Ministers about the National Human Rights Commission (NHRC) receiving complaints about fake encounters.
• The NHRC asked all states and UTs to ensure compliance with certain guidelines in case of police encounters.
• The police are required to maintain a register containing information about encounter deaths as per the guidelines.
• The police are also required to investigate the facts and circumstances of death immediately upon receiving such information.
• The NHRC guidelines also include provisions for compensation for the dependents of the deceased where there is a conviction and prosecution of police officers.
• The guidelines were amended in 2010 requiring registration of an FIR, a 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, including information on the post-mortem report, inquest report, and the enquiry findings, must be sent to NHRC after three months.