The procedure to be followed by those in charge of inquest, has been indicated
in the guidelines.
NHRC Revised Guidelines on Encounter Deaths
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When the police officer in charge of a Police Station receives information
about the deaths in an encounter between the Police party and others, he
shall enter that information in the appropriate register.
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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 over for investigation to some other independent investigation
agency, such as State CBCID.
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Whenever a specific complaint is made against the police alleging commission
of a criminal act on their part, which makes out a cognisable 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.
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A magisterial enquiry must be held in all cases of death which occur 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 the encounter, police station
records etc. must be examined while conducting such enquiry.
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Prompt prosecution and disciplinary action must be initiated against all
delinquent officers found guilty in the magisterial enquiry/ police investigation.
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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 officer is established beyond doubt.
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All cases of deaths in police action in the states shall be reported to the
Commission by the SSP/ SP of the district within 48 hrs of such death in the
following format:
o
Date and place of occurrence
o
Police station, district
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