"In
light of the above discussion and having regard to the directions issued by the
Bombay High Court, guidelines issued by NHRC, suggestions of the appellant –
PUCL, amicus curiae and the affidavits filed by the Union of India, State
Governments and the Union Territories, we think it appropriate to issue the
following requirements to be followed in the matters of investigating police
encounters in the cases of death as the standard procedure for thorough,
effective and independent investigation:
(1) Whenever the police is in receipt of any intelligence or tip-off regarding
criminal movements or activities pertaining to the commission of grave criminal
offence, it shall be reduced into writing in some form (preferably into case
diary) or in some electronic form. Such recording need not reveal details of
the suspect or the location to which the party is headed. If such intelligence
or tip-off is received by a higher authority, the same may be noted in some
form without revealing details of the suspect or the location.
(2) If pursuant to the tip-off or receipt of any intelligence, as above,
encounter takes place and firearm is used by the police party and as a result
of that, death occurs, an FIR to that effect shall be registered and the same
shall be forwarded to the court under Section 157 of the Code without any
delay. While forwarding the report under Section 157 of the Code, the procedure
prescribed under Section 158 of the Code shall be followed.
(3) An independent investigation into the incident/encounter shall be conducted
by the CID or police team of another police station under the supervision of a
senior officer (at least a level above the head of the police party engaged in
the encounter). The team conducting inquiry/investigation shall, at a minimum,
seek:
(a) To identify the victim; colour photographs of the victim should be taken;
(b) To recover and preserve evidentiary material, including blood-stained
earth, hair, fibers and threads, etc., related to the death;
(c) To identify scene witnesses with complete names, addresses and telephone
numbers and obtain their statements (including the statements of police
personnel involved) concerning the death;
(d) To determine the cause, manner, location (including preparation of rough
sketch of topography of the scene and, if possible, photo/video of the scene
and any physical evidence) and time of death as well as any pattern or practice
that may have brought about the death;
(a) To identify the victim; colour photographs of the victim should be
taken;
(b) To recover and preserve evidentiary material, including blood-stained
earth, hair, fibers and threads, etc., related to the death;
(c) To identify scene witnesses with complete names, addresses and telephone
numbers and obtain their statements (including the statements of police
personnel involved) concerning the death;
(d) To determine the cause, manner, location (including preparation of rough
sketch of topography of the scene and, if possible, photo/video of the scene
and any physical evidence) and time of death as well as any pattern or practice
that may have brought about the death;
(e) It must be ensured that intact fingerprints of deceased are sent for
chemical analysis. Any other fingerprints should be located, developed, lifted
and sent for chemical analysis;
(g) Any evidence of weapons, such as guns, projectiles, bullets and cartridge
cases, should be taken and preserved. Wherever applicable, tests for gunshot
residue and trace metal detection should be performed.
(h) The cause of death should be found out, whether it was natural death,
accidental death, suicide or homicide.
(4) A Magisterial inquiry under Section 176 of the Code must invariably be held
in all cases of death which occur in the course of police firing and a report
thereof must be sent to Judicial Magistrate having jurisdiction under Section
190 of the Code
(5) The involvement of NHRC is not necessary unless there is serious doubt
about independent and impartial investigation. However, the information of the
incident without any delay must be sent to NHRC or the State Human Rights
Commission, as the case may be.
(6) The injured criminal/victim should be provided medical aid and his/her
statement recorded by the Magistrate or Medical Officer with certificate of
fitness.
(7) It should be ensured that there is no delay in sending FIR, diary
entries,panchnamas, sketch, etc., to the concerned Court.
(8) After full investigation into the incident, the report should be sent to
the competent court under Section 173 of the Code. The trial, pursuant to the
chargesheet submitted by the Investigating Officer, must be concluded
expeditiously.
(9) In the event of death, the next of kin of the alleged criminal/victim must
be informed at the earliest.
(10) Six monthly statements of all cases where deaths have occurred in police
firing must be sent to NHRC by DGPs. It must be ensured that the six monthly
statements reach to NHRC by 15th day of January and July, respectively. The
statements may be sent in the following format along with post mortem, inquest
and, wherever available, the inquiry reports:
(i) Date and place of occurrence.
(ii) Police Station, District.
(iii) Circumstances leading to deaths:
(a) Self defence in encounter.
(b) In the course of dispersal of unlawful assembly.
(c) In the course of affecting arrest.
(iv) Brief facts of the incident.
(v) Criminal Case No.
(vi) Investigating Agency.
(vii) Findings of the Magisterial Inquiry/Inquiry by Senior Officers:
(a) disclosing, in particular, names and designation of police officials, if
found responsible for the death; and
(b) whether use of force was justified and action taken was lawful.
(11) If on the conclusion of investigation the materials/evidence having come
on record show that death had occurred by use of firearm amounting to offence
under the IPC, disciplinary action against such officer must be promptly
initiated and he be placed under suspension.
(12) As regards compensation to be granted to the dependants of the victim who
suffered death in a police encounter, the scheme provided under Section 357-A
of the Code must be applied.
(13) The police officer(s) concerned must surrender his/her weapons for
forensic and ballistic analysis, including any other
(14) An intimation about the incident must also be sent to the police officer’s
family and should the family need services of a lawyer / counselling, same must
be offered.
(15) No out-of-turn promotion or instant gallantry rewards shall be bestowed on
the concerned officers soon after the occurrence. It must be ensured at all costs
that such rewards are given/recommended only when the gallantry of the
concerned officers is established beyond doubt.
(16) If the family of the victim finds that the above procedure has not been
followed or there exists a pattern of abuse or lack of independent
investigation or impartiality by any of the functionaries as above mentioned,
it may make a complaint to the Sessions Judge having territorial jurisdiction
over the place of incident. Upon such complaint being made, the concerned
Sessions Judge shall look into the merits of the complaint and address the
grievances raised therein.
32. The above guidelines will also be applicable to grievous injury cases in
police encounter, as far as possible.
CRIMINAL APPEAL NO.1255 OF 1999, DECIDED ON: 23.09.2014
People’s Union for Civil Liberties & Anr. … Appellants
Versus
State of Maharashtra & Ors. … Respondents
