UP Police Regs 73Chapter 6 · Armed Police
Section 73 · Paragraph 70. Instructions regarding use of force by the police against a mob
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The instructions regarding the use of force by the police force against a mob are as follows:
Section A - Legal Authority
Provisions regulating the use of force by the police are contained in Chapter V (specifically Sections 46 and 49) and Chapter X, Section 129, subsections (1) and (2). These legal provisions apply to the dispersal of an unlawful assembly, as well as to any gathering of five or more persons that, while not an unlawful assembly within the meaning of Section 141 of the Indian Penal Code, is such that it is likely to cause a breach of the public peace.
Any officer in charge of a police station or an officer of higher rank has the power, independent of the authority of a magistrate, to order the dispersal of the gathering specified above and to use force to disperse it. (See Section 129, sub-section (1), Code of Criminal Procedure, 1973) Note: In clauses (b), c, and d of this paragraph, "Magistrate" means—
(a) If a gazetted officer is present, "a Magistrate of the First Class."
(b) If no gazetted police officer is present, "a Magistrate other than a Honorary or Special Magistrate."
Clause B—Proceedings when the presence of a Magistrate is available/cannot be made available
When a Magistrate is present or information can be given to him without delay that would prejudice the situation, no assembly shall be asked to disperse, nor shall force be used to disperse it, without the permission of such Magistrate. If the presence of a magistrate cannot be obtained without prejudice to the situation, the officer in charge of the police station or the senior officer present holding higher powers shall act as his responsibility, reporting his actions as soon as possible to the nearest magistrate and superintendent.
Section C - Main Principles Governing the Use of Force
The main principles governing the use of any type of force are:
(1) If a magistrate is present, the senior officer should act with full cooperation.
(2) Every effort should be made to disperse the crowd by warning and persuasion before it is ordered to disperse.
(3) If the order to disperse is ignored or the crowd remains defiant even after the order has been given, force shall be used.
(4) If a magistrate is present, the responsibility for using force rests with him and he shall direct the senior police officer to use force. If a magistrate is not present, the responsibility rests with the senior police officer.
(5) Whether a magistrate is present or not, the senior police officer shall be responsible for ensuring that minimum force is used to effectively disperse the gathering and make arrests.
(6) The type and duration of force used shall be decided by the senior police officer, subject to the security concerns under section 7, and the least lethal weapon used shall be used as the circumstances permit. Any underlying motive, such as punitive or repressive effect, shall not be considered.
(7) The use of force shall cease as soon as the purpose is accomplished. The magistrate present shall have the power to decide when sufficient force has been used. He shall make such a decision after consultation with the senior police officer.
Section D - Rules Regulating the Use of Firearms
(1) Shots shall be fired only when a Magistrate, or where there is no Magistrate, the Police Officer in Charge, deems it absolutely necessary to fire for the protection of life or property.
(2) If a Magistrate is present, the responsibility for the use of firearms rests with him and he shall direct the senior police officer present to commence firing.
(3) When the Magistrate has ordered the senior police officer to commence firing, he shall not restrict his discretion by fixing the number of rounds to be fired. The senior police officer shall always give the order to fire and shall be responsible for controlling the firing.
(4) The senior police officer shall give the order to cease firing as soon as the crowd shows a tendency to withdraw or disperse.
The Magistrate, if present, has the power to order the senior police officer to cease firing. Such an order shall be made after consultation with the senior police officer.
(5) Whenever firing is carried out, the senior police officer, unless this duty has been taken over by a Magistrate, shall record a detailed account of the incident leading to the firing, the reasons which necessitated the firing, the result of the firing, along with details of the dead and injured, and other sober details.
Section D - Detailed Instructions for Guiding Police Officers in Case of Necessity of Use of Firearms
In order that the decision to fire may be carried out without confusion or loss of control, the senior police officer shall, as soon as it becomes probable that the use of firearms will be necessary, order the armed police contingent to be ready. When firing is to commence, the senior police officer will determine the minimum effective volume necessary under the circumstances and will accordingly give precise orders as to which individuals or lines of people are to be fired upon, and whether the fire is to be fired without regard to the target or aim. He will ensure that no action is taken in defiance of his orders, and that no shots are fired without orders or in violation of them, unless subordinate officers and constables find themselves compelled to fire, exercising their right of personal defense. Except in cases of extreme urgency, only one burst of fire should be ordered at a time, and firing should cease the moment further fire is no longer necessary. The objective should be clearly demonstrated, and the volume of fire ordered should be applied with maximum effectiveness. The aim should be aimed downward and toward the most threatening part of the crowd, as this will likely encourage the crowd to resort to further force. For this reason, empty cartridges should not be distributed to a detachment deployed or likely to be deployed against a gathering. Following the command "cease fire and withdraw," the fired and missing cartridges should be carefully checked, and the number of rounds and the results recorded. This should be done immediately by each sub-officer for his section, and he should also ensure that all constables are present as soon as the firing ceases. The senior police officer present should satisfy himself that this has been done. Each sub-officer should hold his constables accountable for indiscriminate firing or independent action, regardless of their treatment "under normal circumstances."
To ensure proper control of these principles, constant practice is required in the police lines, and this matter will be addressed by the Deputy Inspector General during his inspection.
After any disturbance in which police firing has become necessary, as soon as peace is restored, steps shall be taken immediately:
(a) to achieve the maintenance of peace by establishing posts and organizing patrols, and
(b) to ensure the post-mortem examination of the deceased and medical and other attention to the injured and the injured. If the senior police officer is not the Superintendent of Police, he shall immediately send a report to the Superintendent of Police and the District Magistrate.
Section A - Legal Authority
Provisions regulating the use of force by the police are contained in Chapter V (specifically Sections 46 and 49) and Chapter X, Section 129, subsections (1) and (2). These legal provisions apply to the dispersal of an unlawful assembly, as well as to any gathering of five or more persons that, while not an unlawful assembly within the meaning of Section 141 of the Indian Penal Code, is such that it is likely to cause a breach of the public peace.
Any officer in charge of a police station or an officer of higher rank has the power, independent of the authority of a magistrate, to order the dispersal of the gathering specified above and to use force to disperse it. (See Section 129, sub-section (1), Code of Criminal Procedure, 1973) Note: In clauses (b), c, and d of this paragraph, "Magistrate" means—
(a) If a gazetted officer is present, "a Magistrate of the First Class."
(b) If no gazetted police officer is present, "a Magistrate other than a Honorary or Special Magistrate."
Clause B—Proceedings when the presence of a Magistrate is available/cannot be made available
When a Magistrate is present or information can be given to him without delay that would prejudice the situation, no assembly shall be asked to disperse, nor shall force be used to disperse it, without the permission of such Magistrate. If the presence of a magistrate cannot be obtained without prejudice to the situation, the officer in charge of the police station or the senior officer present holding higher powers shall act as his responsibility, reporting his actions as soon as possible to the nearest magistrate and superintendent.
Section C - Main Principles Governing the Use of Force
The main principles governing the use of any type of force are:
(1) If a magistrate is present, the senior officer should act with full cooperation.
(2) Every effort should be made to disperse the crowd by warning and persuasion before it is ordered to disperse.
(3) If the order to disperse is ignored or the crowd remains defiant even after the order has been given, force shall be used.
(4) If a magistrate is present, the responsibility for using force rests with him and he shall direct the senior police officer to use force. If a magistrate is not present, the responsibility rests with the senior police officer.
(5) Whether a magistrate is present or not, the senior police officer shall be responsible for ensuring that minimum force is used to effectively disperse the gathering and make arrests.
(6) The type and duration of force used shall be decided by the senior police officer, subject to the security concerns under section 7, and the least lethal weapon used shall be used as the circumstances permit. Any underlying motive, such as punitive or repressive effect, shall not be considered.
(7) The use of force shall cease as soon as the purpose is accomplished. The magistrate present shall have the power to decide when sufficient force has been used. He shall make such a decision after consultation with the senior police officer.
Section D - Rules Regulating the Use of Firearms
(1) Shots shall be fired only when a Magistrate, or where there is no Magistrate, the Police Officer in Charge, deems it absolutely necessary to fire for the protection of life or property.
(2) If a Magistrate is present, the responsibility for the use of firearms rests with him and he shall direct the senior police officer present to commence firing.
(3) When the Magistrate has ordered the senior police officer to commence firing, he shall not restrict his discretion by fixing the number of rounds to be fired. The senior police officer shall always give the order to fire and shall be responsible for controlling the firing.
(4) The senior police officer shall give the order to cease firing as soon as the crowd shows a tendency to withdraw or disperse.
The Magistrate, if present, has the power to order the senior police officer to cease firing. Such an order shall be made after consultation with the senior police officer.
(5) Whenever firing is carried out, the senior police officer, unless this duty has been taken over by a Magistrate, shall record a detailed account of the incident leading to the firing, the reasons which necessitated the firing, the result of the firing, along with details of the dead and injured, and other sober details.
Section D - Detailed Instructions for Guiding Police Officers in Case of Necessity of Use of Firearms
In order that the decision to fire may be carried out without confusion or loss of control, the senior police officer shall, as soon as it becomes probable that the use of firearms will be necessary, order the armed police contingent to be ready. When firing is to commence, the senior police officer will determine the minimum effective volume necessary under the circumstances and will accordingly give precise orders as to which individuals or lines of people are to be fired upon, and whether the fire is to be fired without regard to the target or aim. He will ensure that no action is taken in defiance of his orders, and that no shots are fired without orders or in violation of them, unless subordinate officers and constables find themselves compelled to fire, exercising their right of personal defense. Except in cases of extreme urgency, only one burst of fire should be ordered at a time, and firing should cease the moment further fire is no longer necessary. The objective should be clearly demonstrated, and the volume of fire ordered should be applied with maximum effectiveness. The aim should be aimed downward and toward the most threatening part of the crowd, as this will likely encourage the crowd to resort to further force. For this reason, empty cartridges should not be distributed to a detachment deployed or likely to be deployed against a gathering. Following the command "cease fire and withdraw," the fired and missing cartridges should be carefully checked, and the number of rounds and the results recorded. This should be done immediately by each sub-officer for his section, and he should also ensure that all constables are present as soon as the firing ceases. The senior police officer present should satisfy himself that this has been done. Each sub-officer should hold his constables accountable for indiscriminate firing or independent action, regardless of their treatment "under normal circumstances."
To ensure proper control of these principles, constant practice is required in the police lines, and this matter will be addressed by the Deputy Inspector General during his inspection.
After any disturbance in which police firing has become necessary, as soon as peace is restored, steps shall be taken immediately:
(a) to achieve the maintenance of peace by establishing posts and organizing patrols, and
(b) to ensure the post-mortem examination of the deceased and medical and other attention to the injured and the injured. If the senior police officer is not the Superintendent of Police, he shall immediately send a report to the Superintendent of Police and the District Magistrate.
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