CHAPTER 3 National Human Rights Commission Guidelines—on Policing I. Encounter Deaths/ Deaths Caused in Police Action In 2003, the NHRC noted that the guidelines issued by the Commission in 1997 were not being followed in their true spirit and made some additions to its existing guidelines. The Commission also expressed concern that all states were not sending information about deaths in encounters and asserted that availability of proper statistics was necessary for the effective protection of human rights and discharge of the NHRC’s duties. Responding to public concerns that in reported encounters, sufficient efforts are not made to ascertain the cause of death and whether the deceased have committed any offences, the National Human Rights Commission directed all states and union territories to ensure adherence to proper police procedure and conduct of impartial investigations. The Revised Guidelines to be followed in cases of deaths caused in police action - issued in May 2010 by NHRC, are as followsA. When the police officer in charge of a Police Station receives information about death in an encounter with the Police, he shall enter that information in the appropriate register. B. Where the police officers belonging to the same Police Station are members of the encounter party, whose action resulted in death, it is desirable that such cases are made over for investigation to some other independent investigating agency, such as State CBCID. C. Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the I.P.C. Such case shall be investigated by State CBCID or any other specialised investigation agency. D. A magisterial enquiry must be held in all cases of death which occurs in the course of police action, as expeditiously as possible, preferably, within three months. The relatives of the deceased, eye witness, witnesses having information of the circumstances leading to encounter, police station records etc. must be examined while Manual on Human Rights for Police Officers 83