Explanation:

1. In March 1997, Justice M. N. Venkatachaliah (the then chairperson of the NHRC), in the backdrop of increased complaints from the general public and non-governmental organisations related to instances of fake encounters by the police underlined that the police have not been conferred with any right to take away someone's life, except under two circumstances:If the death is caused in the exercise of the right to private defence,Section-46 of the CrPC that authorises the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for life.
2. 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 3 months).
3. All cases of deaths in police action in the states shall be preliminary reported to the Commission by the Senior Superintendent of Police/Superintendent of Police of the District within 48 hours of such death.