Encounter: When does the police conduct an encounter? Know the Supreme Court’s guidelines

Encounter: Today, we will tell you what rules the police have to follow regarding encounters. After all, what is the situation in which the police have to resort to firing?

An encounter, commonly known as a police encounter, is a term that has been prevalent in India and Pakistan since the 20th century. During that time, the police and security personnel used to kill terrorists and gangsters to protect themselves. It was alleged that the police used fake encounters to eliminate them. However, no law in India gives the police the right to kill a criminal. But there are certain situations in which the police are given a free hand to deal with criminals.

Sometimes, the accused tries to escape from police custody, and in self-defense, the police can fire. Before firing directly, the police have to warn the accused and try to stop them. If the accused still doesn’t stop, the police can open fire.

What types of encounters are there?

In our country, there are generally two types of encounters. The first is when a dangerous criminal tries to escape from police custody, and the police have to use firing to stop or catch them. The second type of encounter occurs when the police go to arrest a criminal, and they try to escape. The police take retaliatory action, and sometimes the criminal attacks the police, leading to an encounter.

Supreme Court (SC) Guidelines

1. When the police receive secret information or a tip about a serious criminal, they have to record it in an electronic form or case diary.

2. If an encounter occurs after receiving secret information and the criminal dies, an FIR has to be lodged, and the case has to be sent to court under specific sections.

3. An independent inquiry into the encounter has to be conducted by a senior police officer (one level above the police team involved in the encounter) or under the supervision of the CID.

4. In cases where the criminal dies in a police encounter, a magisterial inquiry has to be conducted under relevant sections, and the report has to be sent to the judicial magistrate.

5. Moreover, information about the encounter has to be sent to the State Human Rights Commission or NHRC without delay.

6. If the criminal is injured in an encounter, they have to be given immediate medical treatment, and their statement has to be recorded in front of a medical officer or magistrate. A fitness certificate also has to be issued.

7. After the investigation is complete, the report has to be sent to the court. The police have to inform the family members of the accused or the victim about the encounter.

NHRC Guidelines for Union Territories

NHRC has prepared separate guidelines for encounters in Union Territories. According to these guidelines, if the in charge of a police station receives information about an encounter, they have to record it in a register. If the in charge of a police station receives information about an encounter, they have to record it in a register. The information received has to be treated as sufficient evidence, and immediate steps have to be taken to investigate the circumstances to find out if a crime has been committed and who has committed it. Moreover, if the encounter is conducted by the same police team, the investigation has to be conducted by another agency like the CID.