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[Cites 0, Cited by 0] [Section 36] [Entire Act]

State of West Bengal - Subsection

Section 36(c) in Police Regulations, Calcutta, 1968

(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.