SHORT NOTES

The Sub-Inspector of the armed police are also known as S.I. (A.P.) or Subedar. Their important duties are—

(i) to command guards and escorts,

(ii)  to maintain discipline and efficiency in police lines,

(iii) to give instructions in drill to recruits

(iv) give instructions in musketry and present at the place of Chandmari to help in practice to recruits,

(v) Visit guards and Sentries by day and night,

(vi) to issue instructions for guard duty,

(vii) take attendance (roll-call) of men in police lines

(viii) to perform duties given to him by Reserve Inspectors by time-to- time.

67.  Head Constables of Armed Police : works and duties.—

Head constables of the armed police are employed to command guards and escorts, to give instructions in drill, and generally to perform the duties which could devolve on non-commissioned officers in the army. When incharge of outposts they will follow the instructions given in paragraph 58. 

68.  Orders of Magistrate in a Riot or affray.—

Magistrates who have occasion to give discretions, in a riot or affray, to police, should communicate their orders to the police through the police officer in command.  

69. Deputation of Armed forces on various occasions.—

(1) On occasions of important processions or religious ceremonies when armed police are deputed at headquarters, unless there are good reasons to the contrary the Superintendent of Police will be responsible for the police arrangements and a gazetted officer, or an inspector should, when possible, be placed in command of the armed police employed. In the rural area also a gazetted officer or inspector should be placed incharge when there is reason to apprehend serious trouble.

It is invariably the duty of the Superintendent to satisfy himself that the officers who will have control over or who will command the armed police are sufficiently responsible and competent.

(2) Police armed with firearms should ordinarily not be used on occasions of processions or other ceremonies, except as a reserve force to deal with a possible disturbance. The position such a reserve force should take will be governed by special circumstances and instructions below.

(3) Bodies of Armed Police should never escort processions. They should be at point where there is danger of disturbance or should be held in reserve as a moving picket either in front or in rear of the possession where they are in least danger of being thrown into confusion by the mob, and can be kept under the control of the officer-in-command and of their under-officers. As far as possible, the armed detachments should consist of both Hindus and Mohammedans in normal proportion and the proportion of under officers to men should be as high as possible. Only ball ammunition should be served out for use on such occasions.

(4) It is the duty of the Superintendent of Police on the occasion of all such deputations of both armed and civil police, to assign the duties which officers and men have to perform. Clear, general and special orders should be drawn up and communicated, showing definitely the positions of each body of police and the duties they have to perform. Such orders should be made out for all such occasions when police are employed, and should remain on record for future guidance. When for any reason, it is found necessary to depute police for the first time, or to augment the strength usually employed, it is imperative that special orders on these lines should be prepared and issued.

70. Use of force by the police against the crowd.—

Instructions regarding the use of force by the police against the crowd are as follows :

Section A—Legal Authority

The legal provisions regulating the use of force by the police are contained in Chapter V (especially Sections 6 and 49) and Chapter X and Sections 129 (1) and (2) of the Criminal Procedure Code, 1973 (2 of 1974. These legal provisions apply to the use of force in the dispersal of an unlawful assembly and also of an assembly of five or more persons which, though not an unlawful assembly within the meaning of Section 141, Indian Penal Code is such as is likely to cause a disturbance of the public place.

Any officer-in-charge of a police station or police officer of higher rank has power, independently of the authority of a Magistrate, to call upon an assembly as specified above to disperse, and to use force to disperse it (See Section 129 (1), Criminal Procedure Code, 1973 (2 of 1974).

Note.—In Section B, C and D of this paragraph "Magistrate" means—

(a) If a gazetted police officer is present "any first class Magistrate."

(b) If no gazetted police officer is present "any Magistrate other than an honorary or special Magistrate."

Section B—Action when Attendance of Magistrate can/cannot be secured

When a Magistrate is present or can be communicated with, without such delay as would prejudice the situation, assembly shall not be called upon to disperse nor shall force be used to disperse it without the orders of such Magistrate. If the presence of a Magistrate cannot be secured without such delay as would prejudice the situation, the senior police officer present, having the powers of an officer-in-charge of a police station or higher powers, shall act on his own responsibility, but shall, as soon as possible, communicate with and report his action to the nearest Magistrate and to the Superintendent of Police.

Section C—Main principles governing the use of Force

The main principles governing the use of force of any kind are—

(1) the Magistrate, if present, and the senior police officer should act throughout in co-operation,

(2) all attempts to disperse a crowd by warnings and exhortation shall be made before it is ordered to disperse,

(3) once the order to disperse has been defied or when, after the order has been given the attitude of the crowd remains defiant, force shall be used,

(4) if a Magistrate is present, the responsibility for using force shall rest with him and it is for him to direct the senior police officer to use force. If no Magistrate is present the responsibility will rest with the senior police officer.

(5) the Magistrate if present, or if no Magistrate is present, the senior police officer is responsible for seeing that the minimum force necessary for the effective dispersal of the crowd and the making of necessary arrest is used.

(6) the kind and duration of the force used shall, subject to the reservation in Clause 7, be decided by the senior police officer and the least deadly weapon, of which the circumstances permit, shall be used. No ulterior object, such as punitive or repressive effect, shall be taken into consideration.

(7) the use of force must cease immediately the object has been attained. The Magistrate, if present, has power to decide when sufficient force has been applied. He should make this decision after consultation with the senior police officer.

Section D—Rules governing the use of Firearms

(1) Fire shall be opened only if the Magistrate, or if no Magistrate is present, the police officer-in-charge deems it absolutely necessary to open fire for the protection of life or property.

(2) If a Magistrate is present, the responsibility for ordering the use of firearms will rest with him and he will direct the senior police officer present to open fire.

(3) When the Magistrate has ordered the senior police officer to open fire, he shall not fetter the discretion of that officer by prescribing the number of rounds to be fired. The senior police officer will invariably give the order to fire and be responsible for controlling such fire. '

(4) The order to stop firing shall be given by the senior police officer as soon as the crowd shows a disposition or retire to disperse.

The Magistrate, if present, has power to order the senior police officer to stop firing. Such order should be given after consultation with the senior police officer.

(5)  Whenever firing has taken place, the senior police officer present shall unless the duty is taken over by a Magistrate, record detailed information of the events leading to the firing, the reasons why firing was considered necessary the consequences of the firing with particulars of the dead and injured persons and all other relevant details.

Section E—For detailed instructions for the guidance of Police Officers when the use of Firearms is necessary

In order that the decision to open fire may be promptly acted upon without loss of control or confusion, the senior police officer shall, as soon as it appears likely that the use of firearms will be necessary, tell off a detachment of armed police to be held in readiness. When fire is to be opened, the senior police officer shall decide the minimum volume necessary to be effective in the circumstances and shall accordingly give precise orders as to the particular men or files who are to fire and whether volleys or independent aimed shots are to be fired, and shall ensure that his orders are not exceeded and that no firing contrary to or without orders takes place, unless under-officers and men find themselves obliged to fire in the exercise of their right of private defence. Only one volley should be ordered at a time, except in cases of extreme urgency, and firing shall cease the instant it is no longer necessary. The objective should be clearly indicated and whatever volume of fire is ordered, it shall be applied with the maximum of effect. The aim must be kept low and directed against the most threatening parts of the crowd. Firing must never be in the air or over the heads of or at the fringes of the crowd, as thereby the crowd will merely be encouraged to further violence. For the same reason blank cartridges must never be served out to police employed or likely to be employed against a crowd. After the command "Stop firing, unload a careful check should be made of fired and missing cartridges and the number of rounds fired and the result must be noted. This should be done by each under-officer for his section at once and he should ascertain further that all men are present directly firing ceases. The senior officer present should satisfy himself personally that this has been done. Each under-officer should be made responsible for his men, and indiscriminate firing or independent action, should in ordinary circumstances, be severely dealt with.

To ensure proper control on these lines, constant practice is required in the Police Lines and the matter will receive attention from Deputy Inspector General at their inspections.

After any disturbance necessitating firing by the police, as soon as order has been restored, action will immediately be taken (a) to secure the maintenance of order by the posting of pickets or the organization of patrols, and (b) to remove the dead for post-mortem examination and to secure medical and other attention for the wounded and injured. If the senior police officer present is not the Superintendent of Police, he will immediately send a report of the occurrence to the Superintendent of Police and District Magistrate.

71. Requisition of Armed police.—

A requisition for armed police in excess of the district allocation should, if possible, be made to the Deputy Inspector- General at least six weeks before the date on which the additional force is required, and will be sent through the District Magistrate and the Commissioner provided that in case where this will cause delays application may be made semi-officially after consultation with the District Magistrate. Armed police should not be paraded as a demonstration on very slight occasion, but used only when, the civil police are obviously unable to cope with a situation. Armed police must be restricted to their proper duties, and not dispersed in small outposts where they are of little use.

72. Constables of Armed police as bicycle orderlies to the Governor.—

Six constables of armed police are supplied by the Superintendent of Police, Lucknow, as bicycle orderlies to the Governor. When the Governor is on tour away from Lucknow, urgent application for short leave from these orderlies will be dealt with by the Military Secretary. If he sanctions leave and requires a relief he will apply to the local Superintendent of Police. Similarly, if a bicycle orderly falls sick when on tour, he will be sent to the police hospital of the district where he is at the time, and the local Superintendent of Police will be informed and if a relief is required, will be asked to obtain one. In either case the local Superintendent of Police should request the Superintendent of Police, Lucknow, to send a relief immediately. Relief will accompany the Governor's camp until returned by the Military Secretary. On the conclusion of a tour which ends in the Governor's departure to Naini Tal, the Military Secretary will send the bicycle orderlies to the reserve lines at the headquarters of the district in which the tour ends, and will request the Superintendent of Police concerned to return them to Lucknow. The Superintendent of Police of any district visited by the Governor will, at the request of the Military Secretary, have tents for the bicycle orderlies pitched in the Governor's camp.

In certain districts and the Police Training College the sanctioned allocation provides for the appointment of armed police constables as bicycle orderlies at the rate of 2 constables to each machine; and where two machines have been allotted 5 constables, including one for the contingent reserve, have been provided.