Section 4: Use of Police and Civil Armed Forces, etc

4. Use of Police and Civil Armed Forces, etc.—(1) If a Magistrate on receiving a police report or other information is of the opinion__ (a) that any person in the zone is harbouring criminals, keeping as hostage any person who has been kidnapped or abducted, indulging in violence constituting a cognizable offence or acting in breach of an order for the time being in force prohibiting the assembly of more than five persons or violation of curfew or transporting weapons or firearms, ammunition or explosive substances or carrying weapons or firearms, ammunition or explosive substances on his person, whether openly or concealed, in breach of law or for un-lawful purposes; (b) that it is necessary to destroy any illicit arms dump or prepared or fortified position or shelter from which armed attacks are made or are likely to be made or any structure used as straining camp for armed insurgents or utilized as a hideout by armed gangs of dacoits or anti- state elements or absconders wanted for any offence; (c) that it is necessary to arrest 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; or (d) that it is necessary to enter and search without warrant any place to make arrest of any such person or to secure release of any person illegally confined or detained or for recovery of any property reasonably suspected to be crime property or recovery of any arms, ammunition or explosive substances or lethal weapons believed to be unlawfully kept; may be verbal orders require such person to comply with law, desist from indulging in unlawful activity, surrender himself or anything in his control. (2) If his orders under sub-section (1) are not complied with, the Magistrate after such warning as may be sufficient in his opinion and use of force become necessary for the purpose of securing compliance with the said orders may direct the officer or Junior Commissioned Officer or the police or civil armed forces officers at his disposal to secure such compliance and to use necessary force, even to the extent of causing death,__ (a) against any person referred to in clause (a) of the said sub section; (b) to destroy any illicit arms dumps prepared or fortified position or shelter from which armed attacks are made or are likely to be made or any structure used as training camp for armed insurgents or utilized as a hideout by armed gangs of dacoits or anti-state elements or absconders wanted for any offence; (c) to arrest without warrant any person referred to in clause of the said sub- section; or (d) to enter and search with warrant, any place to make arrest of any such person or to secure release of any person illegally confined or detained or for recovery of any property reasonably suspected to be crime property or any arms, ammunition or explosive substances or lethal weapons believed to be unlawfully kept.

Effective date: 1992-01-01

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