ENCOUNTER KILLING

Encounter killings in India are done in self defense as a result of attacks from accused or convicts by police or armed forces. However, in recent years these extra judicial killings have experienced a significant rise. There have been many reports on false encounter killing initiated by various police officials as well. The sections pertaining to encounter killings are Section 96 and 100 of Indian Penal Code and Section 46 of Criminal Procedure Code. It is evident through these sections that the infliction of force by the police or armed forces has to be justified and must be in self-defense. If any encounter killing has been done in violation of these principles then it will be treated as culpable homicide under section 299 of Indian Penal Code. With respect to fake encounters, a total of around 1800 cases were record between 2000 and 2017 as per data retrieved from National Human Rights Commission.
In 1997, National Human Rights Commission laid down certain guidelines to counter the increase in these encounters which are mentioned below:
1. Registration of FIR upon commission of an encounter.
2. Granting compensation to deceased's dependent.
There was an extension to these guidelines based on the report of National Human Rights Commission submitted in the year 2010. These were as follows:
1. A magisterial enquiry as per section 176 of Criminal Procedure Code keeping in mind the following point-
a) That it has to be dealt within 3 months of reportage of such event.
2. All Such encountered killing should be reported to the nearby Human Rights Commission within 48 hours of their occurrence.
3. Preparation of the secondary report as per Section 190 on the criminal procedure code which must include-
a) Findings as per postmortem report.
b) Findings of the magisterial enquiry.

PARNIKA

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