Quick answer: Police in India may use force – even deadly force – only in genuine self-defence or, during an arrest, against a person accused of an offence punishable with death or life imprisonment who forcibly resists. The law does not allow punishment by shooting. Every death in police firing must be followed by an FIR, an independent investigation and a magisterial inquiry, under binding Supreme Court guidelines laid down in 2014.
What happened
On 9 November 2026, police in Raiganj, West Bengal, said the main accused in the rape and murder of a 12-year-old girl in North Dinajpur district was killed in an exchange of fire during a raid at about 3 a.m., according to reports by IANS, The Week and National Herald. Police say the accused fired at the team with a 9 mm pistol and officers fired back in self-defence. Police have said they are investigating where the pistol came from.
Reports describe it as the fourth police encounter death in West Bengal since July, three of them in cases of rape and murder of minors. Chief Minister Suvendu Adhikari has defended the police action, according to The Federal and other outlets.
These are the police's and officials' accounts, as reported. This post does not comment on the facts of this case. It explains what the law requires after any death in a police "encounter" – a word Indian law does not define, but which is commonly used for a shootout between police and a suspect.
When can police lawfully use deadly force?
There are only two legal routes:
- Right of private defence. Like any person, a police officer may defend their own life or another person's. Under the Bharatiya Nyaya Sanhita, 2023 (BNS) – Sections 34 to 44, which replaced Sections 96 to 106 of the IPC – this can extend to causing death only where there is a reasonable fear of death or grievous hurt, and the force used must not be more than needed.
- Force during an arrest. Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – earlier Section 46 of the CrPC – lets police use "all means necessary" if a person forcibly resists or tries to escape arrest. But it says plainly that this gives no right to cause the death of a person who is not accused of an offence punishable with death or life imprisonment.
Neither route allows police to decide guilt. Under Article 21 of the Constitution, no one can be deprived of life except by a procedure established by law – which means a trial. A person accused of even the gravest crime is still entitled to it.
The Supreme Court's 2014 guidelines
In People's Union for Civil Liberties v. State of Maharashtra (decided 23 September 2014, (2014) 10 SCC 635), the Supreme Court laid down 16 requirements to be followed in every case of death or grievous injury in a police encounter. They are binding law under Article 141. The main ones:
| Step | What the guidelines require |
|---|---|
| Tip-off | Any tip-off about criminal movement must be recorded in writing or electronically |
| FIR | If police firing causes a death, an FIR must be registered and sent to the court without delay |
| Investigation | An independent investigation by the CID or a police team from another station, under a senior officer – not by the officers involved |
| Magisterial inquiry | A magisterial inquiry into every death in police firing (under Section 176 CrPC, now Section 196 BNSS), with the deceased's next of kin involved |
| Human rights bodies | Information sent without delay to the NHRC or the State Human Rights Commission; DGPs send six-monthly statements of all such deaths to the NHRC |
| Rewards | No out-of-turn promotion or instant gallantry award for the officers soon after the event |
| Compensation | The victim compensation scheme (Section 357A CrPC, now Section 396 BNSS) is to be applied for the dependants |
The Court also said that if the evidence shows the death was caused by an offence, disciplinary action against the officer must be started promptly, alongside the criminal case.
What can happen next
In any encounter death, the legal process usually moves like this:
- FIR and independent probe into the death itself, separate from the original crime.
- Magisterial inquiry, ideally finished within three months, ending in a report to the judicial magistrate.
- Human rights commissions may call for reports, post-mortem findings and the inquiry record.
- If the probe finds the force was justified, the matter ends there. If not, the officers can be prosecuted and the state can be told to pay compensation.
- The family of the deceased, or any affected person, can approach the High Court under Article 226 (or the Supreme Court under Article 32) if they believe the guidelines are not being followed.
The investigation into the original crime – here, the rape and murder of a child – also continues. A case cannot go on against an accused who has died, but police must still complete the probe and file a report in court, and anyone else found involved can be tried.
What it means for ordinary people
- The law protects police who act in real self-defence – the guidelines are not meant to stop officers from protecting themselves or the public.
- The same law protects every citizen from being punished without a trial. That is why each encounter death must be examined independently, whatever the public mood.
- Families of victims and families of the deceased both have legal options – a fair police investigation, the trial, victim compensation, and the courts.
- The identity of a child victim of a sexual offence must never be disclosed – sharing names or photos on social media is itself an offence (Section 72 BNS and Section 23 of the POCSO Act).
Sources
- IANS (via Punjab Kesari), The Week, National Herald, Free Press Journal – reports dated 9 November 2026; The Federal on the Chief Minister's remarks.
- People's Union for Civil Liberties v. State of Maharashtra, Supreme Court, 23 September 2014, (2014) 10 SCC 635.
- Bharatiya Nyaya Sanhita, 2023 – Sections 34–44; Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 43 and 196; Constitution of India – Articles 21, 141, 226 and 32.
How Nevo Legal can help
If you or your family are dealing with a police matter and need to understand your rights, you can talk to a lawyer about writ petitions or book a consultation.
This article is general information, not legal advice. It explains the law and takes no political side. For advice on your situation, speak to an expert.
