Strict regulations govern the use of sophisticated arms at protests, Pg16

Key Highlights:

• A Bihar Police constable, Abhishek Kumar, was suspended for firing an AK-47 during a protest in Siwan.
• The incident highlights strict regulations against using automatic assault rifles like AK-47s for general law-and-order duties during civilian protests.
• "Police" and "Public Order" are State subjects under the Seventh Schedule of the Constitution, meaning state police manuals govern such deployments.
• Automatic assault rifles are restricted to specialized units such as Special Security Group for VIP protection, Special Task Force, and anti-extremist operational units.
• The use of firearms during protests is permitted only as an absolute last resort, following a clear escalation protocol.

Detailed Insights:

• The Bihar Police Manual and Ministry of Home Affairs (MHA) guidelines strictly regulate the deployment and firing of automatic assault rifles.
• These weapons, classified as "Platoon and Section Arms," are meant for formation units, not individual personnel, and are prohibited for routine law enforcement.
• Regular bodyguards for politicians, judges, and senior officers are mandated to carry short-range weapons like revolvers, pistols, and carbines, not automatic rifles.
• The Siwan incident involved the constable firing without orders after the Superintendent of Police was reportedly pelted with stones.
• The Bharatiya Nagarik Suraksha Sanhita (BNSS) and other statutory police manuals outline a strict escalation protocol for managing civilian protests.
• This protocol begins with verbal warnings, negotiation, physical barricading, and progresses to water cannons, tear gas, lathi charges, and non-lethal rounds.
• Discharging firearms, even for warning shots, without explicit orders is considered a major breach of discipline and Standard Operating Procedures (SOPs).
• AK-47 rifles are classified as Prohibited Bore weapons, not issued to routine beat constables, and primarily allocated to specialized units like Anti-Naxal Operations and Counter-Terrorism Squads.

Key Concepts Involved:

• Bharatiya Nyaya Sanhita (BNS): India's new criminal code, effective July 1, 2024, replacing the colonial-era Indian Penal Code (IPC) to modernize and streamline substantive criminal law.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): India's new criminal procedure code, effective July 1, 2024, replacing the Code of Criminal Procedure (CrPC) to modernize and streamline procedural aspects of criminal justice.
• Seventh Schedule of the Constitution: Delineates the distribution of legislative powers between the Union and State governments through Union, State, and Concurrent Lists.
• State Subject: A matter listed in the State List of the Seventh Schedule, over which state legislatures have exclusive power to make laws, such as "Police" and "Public Order."