23 September 2014

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Supreme Court lays down rules to prevent fake encounter by Indian Police

Supreme Court lays down rules to prevent fake encounter by Indian Police

Historical Judgment

The Supreme Court’s guidelines came on a petition by Surat Singh that was filed in year 1999.

Once again our elected politicians failed and finally Supreme Court of India now laid down new rules to prevent the fake encounter by Indian Police force

New Rules on Police Encounters –

Supreme Court of India laid down new rules to prevent fake encounter by Indian Police

Rules –

If the encounter results in death of any one, the police must immediately register an FIR and furnish a copy to the court having jurisdiction over the area.

Policeman will record tip offs given to them about criminals

Policeman should surrender ammunition and arms used after encounter.

No immediate award for policemen involved in encounter
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.

Magisterial inquiry under section 176 CrPC

Independent probe into encounter by CID or separate state police STN
Investigation into encounter deaths would be carried out by a SP rank officer from a different police district and not the same police which conducted the raid resulting in encounter death

The Supreme Court also ordered that police probing encounter killing should submit status of probe every six months to the state human rights body and NHRC.

Read Section 176 CRPC –

Section 176 in the Code of Criminal Procedure, 1973
176. Inquiry by Magistrate into cause of death.
When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of sub- section (3) of section 174] the nearest Magistrate- empowered to hold inquests shall, and in any other case mentioned in sub- section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.

The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.

Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.
Explanation. - In this section, expression" relative" means parents, children, brothers, sisters and spouse.

Reality views by sm –

Tuesday, September 23, 2014

Tags – Supreme Court Guidelines Prevent Fake Encounter