Police encounters typically include the extrajudicial execution by a police officer, without due process, of a person who is normally in their custody. The Indian Penal Code and the Code of Criminal Procedure do not clearly define the word "police encounter," however there are other provisions that do.
Every Indian person, not just the police, has the right to self-defense. The Indian Penal Code, Sections 96 and 100, guarantees the right to a private defence. According to Section 96, any action taken in self-defense is not unlawful. However, it should be in relation to Section 99 of the Indian Penal Code, which states that no more injury should be done than is necessary for self-defense. Section 100 states that exercising ones right to self-defense includes killing someone. For an act to qualify as this defence, a number of requirements must be met. The accused should have been innocent when the conduct was committed and There should not be any safe withdrawal routes available.
Rules of encounter :
1. According to Section 300(3) of the IPC, a public official is not considered a murderer if they cause a death while carrying out an obligation that is legal and necessary for performing their job without any bad intent.
2. According to Section 46(2) of the Code of Criminal Procedure, if a person tries to elude capture, the person making the arrest has the right to use all necessary force.
3. If a person is arrested for a serious act for which the penalty is life in prison or the death penalty, and if that person attempts to flee the arrest, the police may also kill that person if they have no other way to bring him to justice.