(a)The use of firearms is permitted for the following purposes only :-(i)In exercise of the right of private defence of person or property. (Sections 96-106, Indian Penal Code.)(ii)For the dispersal of unlawful assemblies. (Sections 127-128, Criminal Procedure Code.)(iii)To effect an arrest in certain circumstances. (Section 46, Criminal Procedure Code.)(b)Use of firearms in the exercise of the right of private defence. - It is essential that all ranks should appreciate and fully understand the right of private defence both of person and property. They are entitled by law to protect themselves and Crown property, e.g., their weapons, ammunition; motor transport, etc., against attack. Such attack may be met by force. This force should not inflict more harm than is necessary for protection but may extend to the causing of death. If then these circumstances are fulfilled a police officer of any rank even that of a constable is entitled to-open fire. But not only has every member of the police force the right to defend himself and Crown property he has also the right and in fact it is his duty to protect other persons and the property of other persons against unlawful acts. Here again, he is entitled to use force to the extent of voluntarily causing death if he sees a private person being attacked in such a way that death or grievous hurt is likely to be caused to that person or there is grave apprehension that he may be kidnapped or wrongfully confined. Similarly, with regard to property he may intervene to the same extent to prevent robbery, house breaking by night, mischief by fire, that is arson, theft, mischief or house trespass in circumstances likely to cause apprehension of death or grievous hurt to any person if the right of private defence is not exercised.In these circumstances a single constable acting alone-may fire in accordance with what has been laid down above. If, however, he is one of a party of police, fire shall not be opened except under the orders of the senior officer present. By "present" it should be clearly understood that this 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-most police officer in that area to witness all that is going on and in such circumstances it must be the discretion of the senior police officer in a limited area who may witness an attack in 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 office-in-charge of the unit may give the order to 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 invoked the right of private defence will rest upon the individual who fires or gives the order to fire, but provided the action is taken in good faith, that individual has no need to be apprehensive of the outcome of any enquiry.(c)Use of firearms to disperse an unlawful assembly - (i) An order to fire upon a crowd should be regarded as an extreme measure to which recourse should be had only in the last resort when it is absolutely necessary for the defence of life or property or when a Magistrate, 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.(ii)Before an order is given to fire upon a crowd the Magistrate or, if no Magistrate is present, the police officer in command shall give full and sufficient warning to the rioters that they will be fired upon if they do not disperse immediately.(iii)All ranks engaged in the suppression of a riot or in the dispersal of a riotous assembly must await the orders of a Magistrate, an officer-in-charge of a police-station or a police officer superior in rank to such officer before firing.(d)Use of firearms to effect arrest. - Under section 46 of the Code of Criminal Procedure when a person forcibly resist arrest or attempts to evade arrest, subject to the important restriction that this section gives no right to cause the death of a person who is not accused of an offence punishable with death or with transportation for life, a police officer may use all means necessary, including the opening of fire, to effect the arrest (see regulation 154 below).
