Section 5: Power of police, civil armed forces, etc

5. Power of police, civil armed forces, etc.—(1) When the Magistrate cannot be communicated with any police officer not below the rank of Sub-Inspector or an officer of equivalent rank in the civil armed forces or a Naib Subedar may after sufficient warning use necessary force even to the extent of causing death,__ (a) against any person referred to in clauses (a) of sub-section (1)of section 4; or (b) to destroy any illicit arms dump, 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; or (c) to arrest, without warrant, any person referred to in clause( c )of sub-section (1) of section 4; or (d) to enter and search without warrant any place to make arrest of any such person 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. (2) The officer referred to in sub-section (1) shall, at the first opportunity as and when it becomes practicable for him to communicate with the magistrate, do so and shall thenceforward obey the instructions of the Magistrate as to whether he shall or shall not continue such action.

Effective date: 1992-01-01

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