145. Employment of armed parties. [§ 12, Act V, 1861].
(a)If an officer-in-charge of a police-station learns that a serious riot or other disturbance has broken out or is about to break out or that any crime is being or is about to be committed by an armed gang or that any persons against whom he is about to proceed will be armed with deadly weapons, he may arm some of his constables with the muskets issued to the police-station. He shall himself take command or such constables and proceed with them and with such other force as may be necessary to the place of the disturbance or crime. He may, however, for special reasons, which he shall record in the general diary, devolve such command upon a junior Sub-Inspector, an Assistant Sub-Inspector or a head constable on whom he thinks it safe to rely, he shall give such officer upon whom he devolves the command as clear and specific orders as circumstances permit as to the duties to be performed by the armed constables. In the event of there being no officer-in-charge at a police-station, if reliable information is received by the senior constable of apprehension or existence of a serious disturbances, such constable shall proceed to the place himself with such force as can be spared, armed with muskets and ball ammunition. He must bear in mind that if he meets with resistance he can act in the exercise of the right of private defence, though he has not the power to disperse an unlawful assembly by force.(b)The police officer who leads or sends out armed constables under clause (a) above should, whenever possible, inform the nearest Magistrate and give him an opportunity of accompanying the party. The departure or despatch of an armed force must however, on no account be held up to the possible deterioration of the situation, solely with a view to obtaining the accompanying presence of a Magistrate.
