36. Use of firearms. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). - (a) The use of firearms is permitted for the following purposes only namely :-
(i)in exercise of the right of private defence of persons or property (sections 96-96-106 of the Indian Penal Code);(ii)to effect an arrest in certain circumstances (section 46 of the Code of Criminal Procedure, 1898);(iii)for the dispersal of unlawful assemblies (sections 127-128 of the Code of Criminal Procedure, 1898).(b)Right of private defence. - It is essential that all police officers should appreciate and fully understand the right of private defence both of person and property. A police officer is entitled by law, and it is his bounden duty, to protect (i) himself and Government Property (e.g. his weapons, motor-transport buildings etc.) and his own property and (ii) other persons and the property of other persons against attack and unlawful acts. In doing so he shall on no account inflict more harm than is necessary for the protection either of his own person or of his own property or the person or the property of any other person. If it is necessary, however, a police officer may inflict harm extending to the voluntary causing of death in the following circumstances, namely :-(i)against such an assault as may reasonably case the apprehension that death or grievous hurt to himself or anybody will otherwise be the consequence of such assault or an assault with the intention of committing rape or kidnapping;(ii)in order to prevent the commission of the offence of robbery, house breaking by night, or mischief by fire to a building used as a human dwelling or as a place for the custody of property;(iii)in order to prevent theft, mischief or house-tress pass under such circumstances as may reasonably cause apprehension that death or previous hurt to any person will be the consequence if such right of private defence is not exercised.(c)Firing without the orders of a superior officer when permissible and when forbidden. - A single constable (or other police officer) acting alone is entitled to open fire in the circumstance indicated in clause (b); and indeed it is his bounden duty to do so. If, however, he is one of a party of police, he is forbidden either to load or to open fire except under the orders of the senior police officer present. It shall be clearly understood that the word "present" in the foregoing sentence relates to the senior officer in the immediate proximity of the incident. In the event of widespread attacks taking place in one area it may not be possible for the senior police officer in that area to witness all that is going on, and, in such circumstances, it must be at the discretion of the senior police officer in a limited area who may witness an attack on person or property of the nature described above to give the order to open fire. So long as the police force is in close formation, only the Officer-in-charge of the party may give the order to load or to open fire, but if either under orders or as a result of the action of the opponents, the police force is divided into smaller bodies then the senior officer of each small contingent even down to an isolated constable may assume the responsibility of opening fire. Independent firing by individuals on their own initiative is forbidden except when it is justified as being in the exercise of the right of private defence. The responsibility of proving that circumstances compelled the exercise of the right of private defence shall rest upon the individual who opens fire or who gives the order to open fire, but if the action is taken in good faith, that individual has no need to be apprehensive of the outcome of any enquiry.(d)Under section 46 of the Code of Criminal Procedure, 1898, when a person forcibly resists arrest or attempts to evade arrest, a police officer may use all means necessary to effect the arrest subject to the restriction that he has not the right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.Note. - He shall not open fire on his own initiative if it is possible to obtain the orders of a superior officer.(e)An order to open fire upon a crowd shall be regarded as an extreme measure to which resources shall be had only as a last resort when it is absolutely necessary in the exercise of the right of private defence or when an Officer-in-charge of a police station or police officer superior in rank to such officer considers it impossible to disperse a mob by any other means.No police officer engaged in the suppression of a riot or dispersal of a riotous assembly shall open fire without the orders of the Officer-in-charge of a police-station or a police officer superior in rank to such officer except in the circumstances detailed in clauses (b) and (c).Note. - A sergeant is not an officer of or above the rank of, an Officer-in-charge of a police station.
