Encounter rules in India

Encounter rules in India: The killing of Vikas Dubey by Uttar Pradesh police even after getting arrested has resonated the legitimacy of police action in those cases was discussed at length and a legal framework was established to obtain feedback.

The Supreme Court and the National Human Rights Commission (NHRC) have implemented guidelines to be followed in cases of death of councilors. In 1993, the Commission issued general guidelines that all death cases should be resolved within 24 hours. In addition, reports of body, inquiries, and related documents are sent to the Human Rights Commission so that they can be trusted within two months of the incident. If the primary belief is that death is an illegal death sentence, the Commission will compensate the victim and impose a fine on the accused and his or her authorities.

This means that in all cases involving the death of a person, the officers involved will be prosecuted and their actions will not be criminal in only two cases:
(1) If they expose the person to self-defense
(2) If the use of force caused to death is necessary for making the arrest.

The MOT is registered under Section 302 of the Indian Penal Code, which criminalizes manslaughter. The burden of proof on the defense of the Indian Evidence Act – in this case, the police – is to prove that the case was not heard. Without the country’s legal guidelines, homicides would recur.

What’s been happening in Uttar Pradesh over the last 3 years in terms of killings in police encounters is doing huge damage to the entire country’s reputation. All of India suffers when such a large state openly disregards the rule of law.https://t.co/OyfztQzAv2

— Kaushik Basu (@kaushikcbasu) July 12, 2020

Political attention to such incidents adds to the fact that they can be properly investigated. Sentencing in 2009, an Andhra Pradesh Supreme Court judge ruled that the illegal police killings were due to misconduct in the ‘Andhra Pradesh Civil Liberties Committee v. Government of Andhra Pradesh’ case. The current verdict in the public service trial, which was passed in 2014, empowered the magistrate to question all those who died in court under section 170 of the CRPC.

The court issued several guidelines for an independent investigation into the matter. The court said a police team from the CID or another police station under the supervision of at least one senior officer would investigate the head of the police team involved in the rally.

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