Police Encounters, Rule of Law, and Judicial Accountability: A Critical Analysis of the Bharat Bhushan Tiwari Encounter Case

Police Encounters, Rule of Law, and Judicial Accountability:

A Critical Analysis of the Bharat Bhushan Tiwari Encounter Case

By Akshita Agrawal

Editor- Kanishk Kr Singh & Adv. Komal

Abstract

The death of Bharat Bhushan Tiwari, a resident of Bilauti village in Bihars Bhojpur district happened during a police operation on June 17 2026. He was 28 years old. This incident has brought up a debate about police encounter killings in India.The Bharat Bhushan Tiwari case is an example of what is happening. We need to look at the rules that govern how police can use force in India. The right to life is very important it is in Article 21 of the Constitution.There are sixteen guidelines that the Supreme Court made in the Peoples Union for Civil Liberties v State of Maharashtra case. These guidelines are important for the police to follow.We also need to see how the courts make sure the police are accountable for their actions. The Bharat Bhushan Tiwari case shows us the problems, with how the rules are enforced. When someone dies in a disputed police encounter the only right thing to do is to have an independent investigation. The police should not just take action without looking into what happened. This is what the Constitution says we should do. This article will look after this case and the constitutional provisions available.

 

I. Introduction

The term police encounter is something that makes people in India feel uneasy. For some people it means the police are taking action against dangerous criminals. For people it brings to mind the idea of the police killing someone without following the proper rules, which is not right. The Supreme Court of India has been trying from a long time to make sure the police follow the rules when it comes to police encounters. So when the police kill someone in a police encounter it always causes a lot of controversy and people get very upset.

The death of Bharat Bhushan Tiwari on June 17 2026 in Bhojpur district, Bihar has made people talk about this issue again. The Bihar Police and the Special Task Force say that their officers shot Tiwari in self defense when Tiwari shot at them during an operation to catch him. Tiwari’s family and many people think that Tiwari had already given up before the police shot him. Some videos that were shared on the internet a Facebook Live video that Tiwari made before he died and the fact that four police officers were suspended make the polices story a little hard to believe. A judge who used to work in the High Court will look into what happened. Some people have asked the Supreme Court to make the CBI investigate the matter. The Bihar State Human Rights Commission is also looking into what happened.

This article is not trying to figure out what really happened. That is what the investigation and the courts are for. Instead it looks at the rules that the police have to follow when they investigate something the rights that people have according to the constitution and the ways that people can be held accountable under law. All the facts in this article come from things that people have reported publicly. They are separate from the things that people are still investigating. The police encounter is a serious issue and the police encounter needs to be looked at carefully. The rules for the police encounter are very important. The rules, for the police encounter must be followed.

 

II. The Bharat Bhushan Tiwari Encounter: Factual Background

A. Events Leading to the Encounter

Bharat Bhushan Tiwari, who was 28 years old lived in Bilauti village, which’s under the Shahpur police station area of Bhojpur district, Bihar. People in his area knew him because he used Facebook to talk about issues that affected the people around him like fixing things after floods people having to move and problems with the local government.

On June 15 2026 Bharat Bhushan Tiwari posted something on Facebook that the police said included threats against the Sub-Divisional Magistrate of Jagdishpur. He also said he wanted to start a war. The police went to his house that day. He was not there. He did not go to the police station like he was supposed to.

The day, June 16 2026 the police at Shahpur police station found out that Bharat Bhushan Tiwari had a gun that he was not supposed to have. They saw him waving it around in public. The police sent a team to catch him. They could not. A video on media showed Bharat Bhushan Tiwari pointing a gun at the police. This made the senior officials look into what happened. They suspended four police officers, including the person in charge of the Shahpur police station Rajesh Kumar Malakar. They said these officers did not do their job properly. The police also said that Bharat Bhushan Tiwari was not mentally well and that they were trying to get him help at a hospital for people with health issues.

On June 17 2026 the police and a special team worked together to do something in Bilauti village. The police said that Bharat Bhushan Tiwari shot at them so they shot back to protect themselves. Bharat Bhushan Tiwari got. Was taken to the hospital, in Shahpur first and then he was moved to Patna Medical College and Hospital where he died from his injuries.

B. Disputed Allegations

The family of Tiwari is telling their side of the story. Making some public allegations. These allegations have not been proven and they are still being looked into. The family says that Tiwari threw away his gun and gave himself up before the police started shooting. They think the police did not have to use force.

Tiwari’s family, including his mother Asha Devi is saying that there are videos on the internet that show what really happened. There is a video on Facebook where Tiwari says he will give himself up if some things happen. This makes people wonder what really happened. His father, Kashinath Tiwari says his son was a person and did not have any problems with the law before. The police do not agree with the family and the government of Bihar is looking into the matter.

The family of Tiwari and the police have stories, about what happened. The government of Bihar wants to find out the truth. They have ordered an investigation. The family of Tiwari hopes that the truth will come out and people will know what really happened to Tiwari.

 

III. The Constitutional Framework: Article 21 and the Right to Life

The Constitution of India has Article 21 that says no person should be deprived of their life or personal liberty unless it is according to the law. Over time the courts have said that Article 21 is not about existing, but also about living with dignity and having a fair investigation. The Supreme Court has made it clear that even when someone commits a crime Article 21 still applies.

In one case People’s Union for Civil Liberties v. State of Maharashtra the Court said that the government cannot take away someones right to life without following the procedure. The right to life is very important. Belongs to every person in India no matter what they are accused of.

When the police kill someone in an encounter it goes against Article 21 in a big way. This is because the police are taking away someones life without any investigation, charge, trial or sentence. The Court has said that any procedure that takes away someones life must be reasonable not just a formality.

The police can defend themselves in an encounter according to the Bharatiya Nyaya Sanhita, 2023. However they can only use much force as necessary to defend themselves and cannot take revenge or punish someone. Whether the police acted lawfully. Not depends on the facts of the case, which must be investigated independently.

Article 14 which is about equality before the law and Article 22 which is about protection against arrest are also important here. The Supreme Court has said that the police must follow the law and that if they do not they can be held responsible. In the case of D.K. Basu, v. State of West Bengal the Court made it clear that the police must act according to the Constitution and if they do not they will be accountable.

 

IV. The Supreme Court Guidelines on Encounter Killings: PUCL v. State of Maharashtra

The landmark judgment in People’s Union for Civil Liberties v. State of Maharashtra, (2014) 10 SCC 635, remains the authoritative statement of Indian law on police encounter killings. Decided by a bench of then-CJI R.M. Lodha and Justice R.F. Nariman on September 23, 2014, the case arose from writ petitions challenging the genuineness of ninety-nine encounter killings by the Mumbai Police between 1995 and 1997, which resulted in the deaths of approximately 135 individuals. These guidelines have the force of law by virtue of Article 141 of the Constitution and are binding on all courts and authorities throughout India.

A. The Sixteen Guidelines

The Court issued sixteen procedural requirements as the standard for thorough, effective, and independent investigation into encounter deaths. The most significant include:

1. Recording of Intelligence: Any tip-off or intelligence regarding criminal activity leading to an encounter must be recorded in writing or electronic form in the case diary before the operation.

2. Mandatory FIR Registration: If a firearm is used by police and death results, an FIR must be registered and forwarded to the court without delay.

3. Independent Investigation: An independent probe must be conducted by the CID or a police team from a separate station, supervised by an officer at least one rank above the head of the encounter party.

4. Magisterial Inquiry: A magisterial inquiry under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 176 CrPC) must be held in every case where death occurs during police action.

5. Informing Human Rights Bodies: Information must be sent promptly to the National Human Rights Commission (NHRC) or the relevant State Human Rights Commission.

6. No Instant Rewards or Promotions: No out-of-turn promotion or gallantry award shall be given to the officers involved until the inquiry is complete and the encounter is found to be genuine.

7. Grievance Mechanism: If the victim’s family alleges that proper procedure was not followed, they may file a complaint before the Sessions Judge having territorial jurisdiction, who must examine the complaint on its merits.

The Court also clarified that these guidelines apply not only to cases of death but, as far as possible, to cases of grievous injury resulting from police encounters.

B. Subsequent Reinforcement

The PUCL guidelines have been made stronger by the Supreme Court in decisions. The Court looked at a case called Extra Judicial Execution Victim Families Association versus Union of India. This case was about encounters in Manipur. The Court said that even the armed forces cannot kill people without following the law. The Court also said that the law is the same even in areas where there is conflict.

The Supreme Court said this again in a recent case Arif Md. Yeasin Jwadder versus State of Assam which happened in 2025. In this case the Supreme Court said that the PUCL guidelines must be followed by the state no matter what the victim or their family does. The state has to make sure it is following the PUCL guidelines, on its own. The PUCL guidelines are very important. The state has to follow them.

 

V. The Applicable Legal Framework: Statutes and Accountability Mechanisms

A. The Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023 is a law that tells us about liability for homicide. It replaced the Indian Penal Code, 1860. The Bharatiya Nyaya Sanhita, 2023 has sections like 103 and 105. Section 103 is about homicide. Section 105 is the right of private defence.

The right of defence is important for police officers. It says they can use force if they really think someone will hurt them badly or kill them.. They need to prove that the threat was real. The police officers cannot just say they thought someone would hurt them. They need proof. If the police use much force they might be, in trouble. They might face liability under the Bharatiya Nyaya Sanhita, 2023 for culpable homicide.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is another law. It tells us how police investigations should be done. This includes registering FIRs and doing inquiries under Section 175. The police have to submit their investigation report to the court. The Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 are laws that guide the police on how to do their job.

B. The Protection of Human Rights Act, 1993

The Protection of Human Rights Act of 1993 gives the National Human Rights Commission and the State Human Rights Commissions the power to look into complaints about rights being violated. This includes cases where people were killed by the police without a trial. The Human Rights Commission can then suggest that the government pay money to the victims and put the police officers on trial.

In the case of Bharat Bhushan Tiwari, the Bihar State Human Rights Commission started an investigation on its own. They sent notices to some ranking officials, including the Chief Secretary, the Director General of Police and the Superintendent of Police in Bhojpur. The next time the court will talk about this case is July 13 2026. The Human Rights Commission is taking a look, at what happened to Bharat Bhushan Tiwari.

C. Role of Habeas Corpus and Judicial Review

The thing about habeas corpus, which is covered under Article 32 or Article 226 is that it is mainly used when someone is being held illegally.. The Supreme Court and High Courts have a lot of power when it comes to issuing writs and they can use this power to look into what happened in cases where someone was killed in an encounter.

In this case a public interest lawsuit was filed with the Supreme Court and it asks for the court to oversee an investigation by the CBI and, for a committee of experts to be set up led by a judge who used to work at the Supreme Court. This is something that people often do. They use public interest lawsuits to make sure that the government and other agencies are following the rules laid out in the constitution especially when it seems like they have violated someones rights. The public interest lawsuit is asking the Supreme Court to use its power under Article 32 to make sure that everything is done fairly.

 

VI. The Tiwari Case as a Constitutional Case Study

A. Was Procedure Followed?

The PUCL guidelines have some rules that the police must follow when someone dies during a police operation. Let us see what the police did in this case.

FIR Registration- The police registered a First Information Report or FIR at the Shahpur police station. This was done after Tiwaris mother, Asha Devi complained against the police officers who were involved in the operation. This is what the PUCL guidelines say should be done.. We still need to find out if the police registered the FIR quickly and sent it to the court on time.

Independent Investigation-The police investigation is being overseen by the Shahabad Range DIG. This is a thing because the DIG is a senior officer and was not part of the team that was involved in the operation. There is also going to be an inquiry, which is a more detailed investigation and it will be led by a retired High Court judge. This is a thing because it means that the investigation will be independent.

Magisterial Inquiry- The Bihar Chief Minister, Samrat Choudhary said that there will be an inquiry led by a retired judge of the Patna High Court. This is a serious kind of investigation than what is normally done.. It needs to follow the rules set by the PUCL for it to be valid.

Human Rights Commission-The Bihar State Human Rights Commission is also looking into this case. They have sent out notices, which’s what the PUCL guidelines say they should do.

Suspensions-The Bihar government suspended four police personnel, including the Shahpur SHO because they made some mistakes during the operation on June 16 2026.. The PUCL guidelines say that the police should not give out rewards or promotions until the investigation is over. The suspensions seem to be related to what happened on June 16 not what happened on June 17 when Tiwari was killed. The police need to follow the PUCL guidelines which’re the rules that say what the police should do when someone dies during a police operation. The PUCL guidelines are important because they help ensure that the police are accountable, for their actions.

B. The Surrender Allegation and Its Legal Significance

The main question in this case is whether Tiwari gave up before he was shot. This is an important question because it affects the law. If it is true that Tiwari gave up then the people who shot him cannot say they were defending themselves. When someone gives up and does not fight back they are not a threat anymore. The Supreme Court has said times that people cannot use self defense as an excuse to hurt someone on purpose.

The video on Facebook that shows what Tiwari did before he was shot is very important for the investigation. The police need to make sure that the video is real and that it has not been changed. They also need to look at Tiwaris injuries like the bullet wound in his leg and the guns and bullets that were found at the scene. This will help them figure out what really happened.

This article is not saying whether Tiwari really gave up or not. That is for the court to decide. If someone is charged with a crime the court will make the decision. The court is the one that can make a decision, about what really happened. Tiwari and the people who shot him will have their say in court. The court will look at all the evidence like the Facebook video and Tiwaris injuries to make a decision.

C. The Broader Problem: Encounter Culture and Systemic Accountability Gaps

The Bharat Bhushan Tiwari case is not a standalone incident. The Public Interest Litigation filed with the Supreme Court shows that it is part of a problem of alleged encounter killings in Bihar and Uttar Pradesh. This includes the death of Kamlesh Bind in Uttar Pradesh on June 3 2026 and the encounter deaths of Zeeshan and Gulfan in Loni district in March 2026. A survey based on the Right to Information Act found that 1,782 encounter cases were reported in India from 2000 to 2017. Uttar Pradesh had the cases.

The fact that encounter killings keep happening even after the Supreme Court made the Peoples Union for Civil Liberties guidelines law shows that there are problems with how people’re held accountable. Some of these problems are: many states do not have Police Complaints Authorities like the Supreme Court ordered in the Prakash Singh versus Union of India case. Also the police do not always check the facts of deaths. Sometimes it takes a time to file a First Information Report, against police officers. The Bharat Bhushan Tiwari case and other encounter killings happen because the system rewards the police for doing this of punishing them. The Supreme Court said in the Extra Judicial Execution Victim Families Association case that these killings go against the constitution and make people think they can do whatever they want.

 

VII. Human Rights Dimensions and International Standards

India’s obligations under human rights agreements support the country’s domestic laws. The International Covenant on Political Rights which India has agreed to says that no one should be deprived of their life unfairly under Article 6. It also states that any use of force by government officials should be absolutely necessary and suitable.

The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, set in 1990 give guidelines on using guns. These include trying -deadly methods before using lethal force and investigating independently in all cases where someone dies from gunfire.

These international standards are not directly applicable in courts. However Indian courts often use them as a reference when interpreting Article 21. The Supreme Court’s guidelines on PUCL also match principles found in human rights law.

In the Tiwari case some key human rights issues are:

• The right to life. Using lethal force only when necessary

• The family’s right, to a solution and an independent probe

• The right to be considered innocent

• The right not to be treated cruelly or unfairly by government officials

Regardless of the outcome of the investigation these rights require the probe to be thorough, independent and transparent.

 

VIII. Judicial Accountability Mechanisms: An Assessment

The Bharat Bhushan Tiwari case has started things to make sure that people are held responsible for what happened. This is not common. It shows that the courts and the people are very serious about what happened.

The Bharat Bhushan Tiwari case is being looked at in ways.

Judicial Inquiry Under Retired High Court Judge: This is the important way that the Bharat Bhushan Tiwari case is being looked at. A retired judge is in charge of this. They have the power to make people give evidence and to look at what really happened. We will see if this inquiry is credible based on what it’s allowed to look at.

State Human Rights Commission: The Bihar State Human Rights Commission is also looking at the Bharat Bhushan Tiwari case. This gives us a look at what happened from a human rights perspective. However what the Commission says is not final. It is up to the state to decide what to do.

Supreme Court PIL: Advocate Vishal Tiwari has asked the Supreme Court to get involved in the Bharat Bhushan Tiwari case. He wants the court to make sure that the investigation is fair. The Supreme Court did not want to hear the case away. If the Supreme Court does decide to hear the case it has the power to make sure that the investigation is done correctly.

Criminal Proceedings: The Bharat Bhushan Tiwari case is also being looked at from a perspective. The police have been accused of doing something and they could be in trouble. If the investigation finds out that the police did something wrong like murder then they will have to go to court. This is the way to make sure that people are held responsible but it is also very hard to do because the police have a lot of power.

The Bharat Bhushan Tiwari case is a deal and many people are watching to see what happens. The Bharat Bhushan Tiwari case will show if the system can really hold people responsible, for what they do.

 

IX. Conclusion and Recommendations

The Bharat Bhushan Tiwari encounter case shows us the problem at the heart of policing in India. This problem is about how the police deal with people who’re armed and dangerous and how they make sure that peoples right to life is protected.This article looks at this problem by using the laws that’re already in place not by giving opinions.There are three things that we can learn from this. First the laws that govern killings in India are clear. The PUCL guidelines are laws that the police have to follow. They cannot just ignore them. The big question is whether the police followed these guidelines in the Bharat Bhushan Tiwari case and that is what the court needs to figure out. Second there are some questions about what really happened in this case especially about whether Bharat Bhushan Tiwari really surrendered. These questions need to be investigated carefully and that is why we need to have a thorough and independent investigation. It is good that there are different ways that we can hold the police accountable like the judicial inquiry, the SHRC, the PIL and the criminal FIR. Third we cannot just look at each case one by one to solve the problem of encounters in India. We need to make some changes to the system.Here are a few things that we could do:

• We could make sure that every time someone is killed in an encounter we do an examination to figure out what really happened and we could have someone independent of the police do this examination.

• We could set up authorities in each state to deal with complaints about the police like the Supreme Court said we should do in the Prakash Singh case.

• We could stop giving rewards or celebrating encounters until we are sure that they were really necessary.

• We could make laws that’re clear about when the police can use lethal force and we could make sure that these laws are in line with what other countries are doing.

The rule of law says that the state has to be accountable for the deaths that it causes. This is not just about being nice to criminals it is about making sure that the state is legitimate. The Bharat Bhushan Tiwari case is a test of whether India can hold its institutions accountable. The Bharat Bhushan Tiwari case is a test for India and the Bharat Bhushan Tiwari case will show us if we can really make sure that the police are following the law. We need to make sure that the Bharat Bhushan Tiwari case is investigated carefully and that the Bharat Bhushan Tiwari case is used to make changes, to the system.

 

References

I. Constitutional Provisions

Constitution of India, 1950, art. 14 (India) (Right to Equality Before Law).

Constitution of India, 1950, art. 21 (India) (Protection of Life and Personal Liberty).

Constitution of India, 1950, art. 22 (India) (Protection Against Arbitrary Arrest and Detention).

Constitution of India, 1950, art. 32 (India) (Right to Constitutional Remedies).

Constitution of India, 1950, art. 141 (India) (Law Declared by Supreme Court to be Binding).

Constitution of India, 1950, art. 226 (India) (Power of High Courts to Issue Writs).

 

II. Statutes

Bharatiya Nyaya Sanhita, 2023, §§ 103, 105 (India) (Culpable Homicide and Right of Private Defence).

Bharatiya Nagarik Suraksha Sanhita, 2023, § 175 (India) (Magisterial Inquiry into Deaths in Police Action).

Protection of Human Rights Act, 1993, §§ 2(d), 12, 17 (India).

 

III. Cases

People’s Union for Civil Liberties v. State of Maharashtra, (2014) 10 SCC 635 (India).

Extra Judicial Execution Victim Families Association v. Union of India, (2016) 14 SCC 536 (India).

Arif Md. Yeasin Jwadder v. State of Assam, Writ Petition (Civil) No. 1334 of 2023 (Supreme Court of India, 2025).

Maneka Gandhi v. Union of India, (1978) 1 SCC 248 (India).

D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 (India).

Prakash Singh v. Union of India, (2006) 8 SCC 1 (India) (Police Reforms).

Vishal Tiwari v. Union of India, Writ Petition (Civil) No. (filed June 2026) (Supreme Court of India) (PIL).

 

IV. Secondary Sources

PTI, 4 Policemen Suspended in Bihar’s Bhojpur After Viral Video Shows Failure to Act Against Armed Man, The Print (June 18, 2026), https://theprint.in/india/4-policemen-suspended-in-bihars-bhojpur-after-viral-video-shows-failure-to-act-against-armed-man/2963861/.

ANI, Judicial Probe Ordered into Encounter of 28-Year-Old in Bihar’s Bhojpur, ANI News (June 22, 2026), https://aninews.in/news/national/politics/judicial-probe-ordered-into-encounter-of-28-year-old-in-bihars-bhojpur20260622180447/.

Sumaila Zaman, Activist, Rebel, or Criminal? Who Was Bharat Tiwari?, India.com (June 22, 2026), https://www.india.com/news/india/bharat-tiwari-encounter-case-news-bhojpur-man-whose-encounter-death-triggered-political-uproar-in-bihar-supreme-court-orders-independent-probe-samrat-choudhary-statement-villagers-protest-family-8453680/.

LawBeat, Facebook Live, Alleged Surrender, Then Death: Supreme Court PIL Seeks CBI Probe Into Bharat Bhushan Tiwari Encounter, LawBeat (June 23, 2026), https://lawbeat.in/top-stories/facebook-live-alleged-surrender-then-death-supreme-court-pil-seeks-cbi-probe-into-bharat-bhushan-tiwari-encounter-1604568.

LawBeat, Supreme Court Refuses Urgent Hearing of PIL Seeking CBI Probe Into Bharat Bhushan Tiwari Encounter, LawBeat (June 23, 2026), https://lawbeat.in/amp/top-stories/supreme-court-refuses-urgent-hearing-of-pil-seeking-cbi-probe-into-bharat-bhushan-tiwari-encounter-1604582.

India TV News Bureau, Bharat Tiwari Encounter: FIR Registered Against Policemen Involved in Bihar’s Bhojpur Operation, India TV News (June 23, 2026), https://www.indiatvnews.com/bihar/news-bharat-tiwari-encounter-fir-registered-against-policemen-involved-in-bihar-bhojpur-operation-latest-updates-2026-06-23-1045870.

NewsDrum, Facebook Live, FIR, Police Lapses: Bharat Tiwari Encounter Puts Bihar Police in the Dock, NewsDrum (June 24, 2026), https://www.newsdrum.in/analysis/facebook-live-fir-police-lapses-bharat-tiwari-encounter-puts-bihar-police-in-the-dock-12067377.

LawChakra, Fake Encounter or Police Action? Who Is Bharat Tiwari?: Everything to Know About the Bihar Encounter Case, LawChakra (June 23, 2026), https://lawchakra.in/legal-updates/encounter-police-action-bharat-tiwari/.

Supreme Court Observer, Enforcement of PUCL Guidelines Not Contingent on Direct Victim Participation, SC Observer Law Reports (2025), https://www.scobserver.in/supreme-court-observer-law-reports-scolr/enforcement-of-pucl-guidelines-not-contingent-on-direct-victim-participation-arif-md-yeasin-jwadder-v-state-of-assam-fake-encounter/.

Bar and Bench, Even State Has No Authority to Violate Article 21: What the Supreme Court Said About Encounter Killings Back in 2014, Bar and Bench (Dec. 7, 2019), https://www.barandbench.com/columns/even-state-has-no-authority-to-violate-article-21-what-the-supreme-court-said-about-encounter-killings-back-in-2014.

United Nations, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders (1990).

 

International Covenant on Civil and Political Rights, art. 6, Dec. 19, 1966, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976).