persons from the other side had died. The Commission further observed that the criminal law clearly prescribed that a person who claimed the right of private defence as a cover ggainst prosec;tion had to establish the same. Entries were made in the respective police stations to the effect that the deceased made attempts to kill the police and wereptherefore, guilty of the offence of attempt to murder under Section 307 of Indian Penal Code. On that basis, they were described as "accused"and FIRS were drawn up accordingly. The cases were, however, closed without investigation on the ground that they had abated on account of the death of the accused persons. No attempt whatsoever was made to ascertain as to who were the police officers that fired the bullets that caused the respective deaths and as to whetheitheir killing was justified in law. Attention was confined to the conduct of the deceased and not to that of the police who had caused the deaths. No attempt was made to dvestigate the circumstances under which the police opened fire causing death of several persons; As this appeared to be the pattern of the procedure followed by the police, the Commission felt it necessary to conclude,thatthe procedure followed by them was opposed to law. The Commission had to indicate the correct procedure to be followed in such cases. The police do not possess unchar;tered right to kill any person with impunity. They can, like any other citizen;exercise the right of private defence. When a policeman causes death in'exercise of such a right, of private defence it would not be an offence as provided in Sec.96 of the IPC. hat apart, Sec.46(3) of the Code of Criminal Procedure empowers the police officer making an arrest of a person who is accused of an offence punishable with death or imprisonment for fife to use of such force as , may be necessary to effect the arrest which may extend'upto the causing of death of such person. The police has to act within these limitations when it has to deal with situations of akencounter. When a person is killed by the bullet of a police officer in an alleged encounter it results in an unnatural death. When information about it is received by the ~ffker-in-chargeof the police station, he has to find out if there is reason to suspect the commission of a cognizable offence. In a situation when death occurs in an encounter by the bullet ijf a police officer it cannot be said whether the causing of death was justified as an act done in proper exercise of the riaht of private defence or falling within the limits prescribed in regard to causing of'arrest falling u/s.46(3) of the Code of Criminal Procedure without asckrtainrnent of facts after due investigation. The police can ot make a presumption without investigation that the causing of the is not an offence. The correc? procedure to be followed death by the bullet of the in situations of such 'encounters' is that the police officer-in-charge of the police station 7