PROTEST AND USE OF WEAPONS BY POLICE
When can police use AK-47what are the rules for protests
While rules are uniform across the country, states can take a call on use of sophisticated weapons under extraordinary circumstances.
The Bihar Police has suspended Siwan constable Abhishek Kumar for firing four rounds into the air with his AK-47 during Saturday’s (July 25) protest. But the big question remains: can police use sophisticated weapons during bandhs and protests?
Though there is no uniform central law on this — with law and order being a state subject—provisions in the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and state police manuals throw some light on the issue.
What does the Bihar Police Manual say?
AK-47 are strictly regulated
Under the Bihar Police Manual, the Standard Operating Procedures (SOPs) for law enforcement, and relevant directives from the Ministry of Home Affairs (MHA), the deployment and firing of automatic assault rifles like the AK-47 are strictly regulated.
prohibited for general law-and-order duties
Automatic assault rifles (such as AK-47s, INSAS, and SLRs), classified as “Platoon and Section Arms,” are meant to be deployed with formation units rather than individual personnel, and are prohibited for general law-and-order duties.
They are strictly restricted to
- Special Security Group (SSG) for VIP protection (specifically for top figures like the Chief Minister and Governor),
- Special Task Force (STF),
- Special Operation Group (SOG),
- and Anti-Naxal / Counter-Terrorism operational units,
- High-Threat/Counter-Insurgency Zones,
- and designated anti-extremist operational areas.
As per state circulars based on MHA guidelines
regular security bodyguards assigned to
- politicians,
- judges, and
- senior IAS/IPS officers are prohibited from carrying AK-47s.
automatic rifles on bodyguard duty with short-range weapons like
- revolvers,
- pistols,
- and carbines
What happened in the Siwan case?
While an official press release by Bihar Police headquarters
said constable Abhishek Kumar, carrying an AK-47 rifle, fired four rounds into the air after he was “besieged” by a mob,
police headquarters sources said the constable had been one of two bodyguards assigned to Siwan SP Puran Kumar Jha.
The constable reportedly used his weapon, though without any orders from his seniors, after the SP was targeted in stone-pelting during the Bihar bandh in Siwan on July 25.
If an SP is under attack, can his bodyguard wait to get an order?
A former DGP told The Indian Express:
“Though sophisticated weapons can be used in
- anti-Maoist,
- anti-terrorist,
- other such operations,
If an SP is under attack, can his bodyguard wait to get an order? These are tricky questions without clear answers.”
The Bihar Police started using AK-47s after 2000. Earlier, they had been using .303 rifles and SLRs.
But don’t BNSS provisions ban AK-47s during civilian protests?
strict ban on automatic firearms
Under statutory
- police manuals
- procedures (governed alongside provisions in procedural codes like the BNSS and CrPC),
A senior police officer explained:
“There is a clear escalation protocol in case of law and order problems during civilian protests.
It starts with
- verbal warnings
- negotiation,
- physical barricading,
- the use of water cannons
- tear gas,
- lathi charges,
- non-lethal or riot-control rounds (e.g., rubber bullets or tear shells) —in that order.
only as an absolute
- last resort to prevent loss of life,
- in self-defence against lethal threats,
- or to prevent the imminent looting of police armories and weapons.”
However, the Siwan police did not follow this protocol
“It is for that simple reason that Constable Abhishek Kumar will also have to face a departmental inquiry,” said a senior police officer,
adding that no police officer or constable is permitted to fire an automatic weapon without explicit orders from an authorised superior officer (such as a magistrate on duty or a senior police officer on the scene).
Rules state that discharging an automatic weapon, even for warning or aerial shots, without explicit orders constitutes a major breach of discipline and SOP.
What do central laws say about the use of sophisticated weapons?
“Police” and “Public Order” are State subjects
in India under the Seventh Schedule of the Constitution.
Hence, the deployment and authorisation of automatic firearms are governed by individual State
- Police Manuals,
- Police Regulations,
- and Standard Operating Procedures (SOPs).
However, AK-47 rifles are classified
as Prohibited Bore (PB) high-rate-of-fire weapons across the country with very few exceptions.
They are not issued to routine beat constables or for everyday law enforcement.
They are allocated primarily to specialised units such as
- Anti-Naxal Operations (ANO),
- Special Task Forces (STF),
- Counter-Terrorism / Anti-Terror Squads (ATS),
- VIP Protection / Special Security Groups (SSG),
- and riot or border control commandos.
Under police firing protocols
whether an officer fires a 9mm pistol or an AK-47, the legal standard for using lethal force remains identical एकरूप.
While there is no single national statute specifically governing automatic rifles, uniform national frameworks dictate how automatic weapons like the AK-47 may be drawn and fired.
Neither the Bharatiya Nyaya Sanhita (BNS), 2023 nor the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 explicitly mentions the phrase “AK-47” or any specific firearm brand.
What do NHRC guidelines say?
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The National Human Rights Commission (NHRC) guidelines require the
- immediate registration of an FIR,
- an independent police investigation,
- and a mandatory Magisterial Inquiry whenever police firing (whether by an AK-47 or any other firearm) results in fatal casualties.
What is the National Human Rights Commission (NHRC)?
- About:
- rights related to life, liberty,
- equality, and
- dignity of individuals.
Rights guaranteed by the Indian Constitution and international covenants enforceable by Indian courts.
- Establishment:
- Established on 12th October 1993, under the Protection of Human Rights Act (PHRA), 1993.
- Amended by the Protection of Human Rights (Amendment) Act, 2006, and Human Rights (Amendment) Act, 2019.
- Established in conformity with the Paris Principles, adopted for promoting and protecting human rights.
- Composition:
- The Commission consists of a chairperson, five full-time Members and seven deemed Members.
- Chairman is a former Chief Justice of India or a Supreme Court judge.
- Appointment and Tenure:
- Chairman and members appointed by the President on the recommendations of a six-member committee.
- The committee consists of the Prime Minister, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both Houses of Parliament, and the Union Home Minister.
- The chairman and members hold office for a term of three years or until they reach the age of 70.
- Role and Function:
- Possesses powers of a civil court with judicial proceedings.
- Empowered to utilise the services of central or state government officers or investigation agencies for investigating human rights violations.
- Can investigate matters within one year of their occurrence.
- Functions are primarily recommendatory in nature.
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