Section 4, and the Power to Fire Causing Death

In one line

Section 4 empowers any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces, in a disturbed area, to fire upon or otherwise use force even to the causing of death, to destroy structures, to arrest without warrant, and to enter and search without warrant.

The text, clause by clause

Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area:

(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;

(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence;

(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence, and may use such force as may be necessary to effect the arrest;

(d) enter and search without warrant any premises to make such an arrest, or to recover any person believed to be wrongfully restrained or confined, or any property reasonably suspected to be stolen property, or any arms, ammunition or explosive substances believed to be unlawfully kept, and may for that purpose use such force as may be necessary.

What is unusual about clause (a)

Six features, and this is the heart of the criticism.

The power extends to causing death, and it says so in terms: even to the causing of death.

The decision maker may be a non-commissioned officer. The section names any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank, so a decision to use lethal force may be taken at a low level of command.

The test is the officer's own opinion. If he is of opinion that it is necessary so to do, a subjective satisfaction.