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Monday, 27 October 2014

Supreme Court guidelines on fake encounters

These guidelines have been given to protect right to life (Art 21), and improve transparency in policing.

16 guidelines are given to prevent fake encounters. The ones of prime importance are given below.

SC said that every police encounter must be followed by immediate registration of an FIR.
 
If it involved death, then an inquiry should be carried out by a Magistrate as required under Section 176 of the Criminal Procedure Code. 

When it entailed only injury, it should be investigated by a Policeman from a different Police Station above the rank of the leader of the raiding party which conducted the encounter. The aim is to see that justice is done by reducing biasness and bringing in transparency.

The court ruled that no policeman involved in encounter death should be given out of turn promotion or gallantry awards by the government till the investigations establish that it was a genuine encounter.

After every encounter, the FIR should be registered and family members should be informed.

The DGP should twice report the number of encounter killings to court.

Restructure the training of police force to imbibe values. (police reforms)

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