(1) Instructions regarding the use of force by the police against crowds are as follows :- The use of force by the Police is regulated entirely by the provisions of the law. Those provisions are contained in Chapter V (especially Sections 46 and 50), and Chapter IX (especially Sections 127 and 128) of the Criminal Procedure Code. (a) The main principle to be observed is that the degree of force employed shall be regulated according to the circumstances of each case. The object of the use of force is to quell a disturbance of the peace, or to disperse an assembly which threatens such disturbance and has either refused to disperse or shows a determination not to disperse; no ulterior objects, such as punitive or repressive effect, shall be taken into consideration. (b) 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 unlawful assembly to disperse and to use force to disperse it. (See Section 127, Criminal Procedure Code). When a Magistrate (other than an honorary Magistrate) is present or can be communicated without such delay as would prejudice the situation, an assembly shall not be called upon to disperse nor shall force be used to disperse it without orders of such Magistrate, provided that, if a gazetted police officer is present, and no Magistrate having first class or higher powers is present, such police officer shall act independently in ordering an assembly to disperse. In other circumstances the senior police officer present, having the powers of an officer-in-charge of a police station, shall act on his own responsibility, but shall communicate with and report his action to the senior Magistrate, who may be accessible, as soon as possible. Whether acting under the orders of a Magistrate or not, once the order to disperse a crowd has been given, the method by which force shall be applied and the degree of force to be used shall be decided by the senior police officer present; provided that, if the District Magistrate is himself present, he, as head of the police force of the district, shall be recognised to be the senior police officer present. For the purposes of this rule a Sub-Divisional Magistrate within his sub-division shall have the status of a District Magistrate, i.e., he shall be recognised by all police officers of the sub-division as the senior police officer, and shall have power to decide the method and degree of force to be used. (c) All attempts to disperse a crowd by warnings, exhortation, etc., shall be made before it is declared an unlawful assembly and, as such, ordered to disperse. Once an order to disperse has been defied, or when the attitude of a crowd is obviously defiant, force shall be used without hesitation. The degree of force used shall be the minimum which the responsible officer, with the exercise of due care and attention, decides to be necessary for the effective dispersal of the crowd and the making of such arrests as may be desired. The degree and duration of the use of force shall be limited as much as possible, and the least deadly weapon which the circumstances permit shall be used. (d) The effectiveness of force depends mainly upon the determination with which it is applied; its direction against the most defiant section of the crowd to be dispersed and its absolute control. Failure to act on this principle results inevitably in more force being applied and more dangerous weapons being used than would otherwise have been necessary. It is not possible to lay down any more definite rule as to when different methods or different weapons shall be used. The officer responsible is required to decide this in each case on consideration of the strength and attitude of the crowd to be dispersed, and the strength of the force available for its dispersal. (e) When the responsible police officer, whether acting under the orders of a Magistrate or independently, considers that the use of firearms is necessary, he shall, unless circumstances make such action impossible, warn the crowd that if they do not immediately disperse, fire with live ammunition will be opened upon them. If the District Magistrate or, in a sub-division, the sub- divisional officer is present, his orders shall invariably be obtained immediately the necessity of opening fire becomes imminient. If the senior police officer present is of non- gazetted rank, he shall at such stage obtain the orders of the senior Magistrate present (other than an honorary Magistrate). (f) In order that the decision to open fire may be promptly acted upon without loss of control or confusion, the responsible 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 responsible police officer shall decide the minimum volume necessary to be effective in the circumstances and shall give precise orders accordingly, as to the particular men or files who are to fire and the number of rounds to be fired; 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. Whatever volume of fire is ordered, it shall be applied with the maximum of effect; the aim shall be kept low and directed at the most threatening parts of the crowd; in no circumstances shall firing over the heads of or at the fringes of the crowd be allowed. Since buckshot is not an effective charge at any range at which it is safe to use it, Government has directed that the use of buckshot ammunition against crowds should be prohibited. (g) When no Magistrate is present, the police officer in command, as is contemplated in the Criminal Procedure Code, shall be responsible for the opening of fire. Invariably, whether the order to use firearms has been given by a Magistrate, or by a police officer, the order to cease fire shall be given as soon as the unlawful assembly shows a disposition to retire or disperse. (h) While the disposition of the police must be left to the police officer in command, every precaution should be taken that a force armed with firearms is not brought so close to a dangerous crowd, as to risk its either being overwhelmed by numbers or being forced to inflict heavy casualties. If the use of firearms cannot be avoided, firing should be carried out from a distance sufficient to obviate the risk of the force being rushed and to enable strict fire-control to be maintained. (i) On occasions of religious festivals police carrying firearms should ordinarily not be employed to escort processions. They should be posted in front or in the rear of the procession 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 their petty officers. (j) On occasions when firearms have been used against unlawful assemblies it should be the duty of the Magistrate, if one is present, to make adequate arrangements for the care of the wounded persons and for their removal to hospital and also for the disposal of the dead, if any. He should also, then and there, draw up a full report in consultation with the senior police officer present, stating all the circumstances and noting the number of rounds of ammunition issued and expended. If no Magistrate is present, this report shall be prepared by the senior police officer who shall also take all possible action with regard to wounded and dead. (2) The following instructions govern the action of the police when the use of military force becomes necessary :- (a) A police officer, of whatever rank, has no authority to require any officer, commissioned or non-commissioned, in command of a military detachment to use force in dispersing a crowd. Any Magistrate may make such a requisition (Section 130, Criminal Procedure Code) and, in emergencies when no Magistrate can be communicated with, a commissioned officer of the regular army may himself order military force to be used. When no Magistrate is available and troops are present, and their intervention is, in the opinion of the senior police officer present, necessary, that officer shall inform the senior commissioned regular army officer present of the situation, requesting his assistance in support of the police if necessary. The military officer receiving such report will decide whether to act on it. (b) When military force has been set in motion for the dispersal of a crowd, any police force previously employed in contact with such crowd shall be withdrawn to prevent confusion. The senior police officer present and the officer commanding the troops shall confer as to the method and exact time of such withdrawal, and as to the subsequent employment of the police; provided that, if the District Magistrate is present, his instructions shall be obtained and acted upon. While no rule can be laid down absolutely, the normal procedure should be for the police to be so withdrawn as to leave a free field of action to the troops, and to be used thereafter (a) in support of the troops for making arrests and pursuing a broken mob, (b) for guarding the flanks and rear of the troops from attack and preventing the outbreak of disturbances in other areas. (c) It must be noted that, when the order to disperse an unlawful assembly by military force has been given, the senior police officer on the spot and all police at the time within the area where military force is being employed come under the orders of the senior military officer present, who is in charge of the operation of dispersal, and remain under his orders to this extent and for the period necessary, but the latter must consult the senior police officer present in any action he thinks it necessary to take. When control of the situation is definitely handed over by the senior civil officer to the military authorities, the police force come fully under military control. (3) Only an officer-in-charge of a police station (and police officers superior in rank of virtue of Section 551, Criminal Procedure Code) can act under Section 127, Criminal Procedure Code. When any other police officer encounters an unlawful assembly, he should immediately send for a Magistrate or a police officer empowered to act under Section 127, Criminal Procedure Code. Should the unlawful assembly commit any overt act of violence before the arrival of such Magistrate or police officer, the senior police officer on the spot, in virtue of other powers conferred by the law, should take such action as is necessary to deal with the situation. Section 149, Criminal Procedure Code, empowers every police officer to interpose for the purpose of preventing, and requires that every police officer shall, to the best of his ability, prevent the commission of any cognizable offence. Section 152, Criminal Procedure Code, empowers a police officer of his own authority to interpose to prevent any injury attempted to be committed in his view to any public property. In addition, all police officers have the same right of private defence which is granted to every person. Every police officer should be fully acquainted with this right which is laid down in Sections 96 to 106, Indian Penal Code. Section 97, Indian Penal Code, makes it clear that every person, and therefore, every police officer, has a right to defend the body of any person, as well as his own body, against any offence affecting the human body and the property of any other person as well as of himself, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief, or criminal trespass. The extent to which the right of private defence may be exercised is laid down in Sections 99, 100, 101 and 103, and the period during which the right exists is explained in Sections 102 and 105.