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Power to certain officers of armed forces to order use of force in certain circumstances

Act: Armed Forces (Special Powers) Ordinance 1942

Section Provisions

THE ARMED FORCES (SPECIAL POWERS) ORDINANCE, 1942 THE ARMED FORCES (SPECIAL POWERS) ORDINANCE, 1942. ORDINANCE NO. XLI OF 1942 [15th August, 1942] An Ordinance to confer certain special powers upon certain officers of the armed forces. WHEREAS an emergency has arisen which makes it necessary to confer certain special powers upon certain officers of the armed forces; Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act as set out in the Ninth Schedule to the Government of India Act, 1935, the 26 Governor‑General is pleased to make and promulgate the following Ordinance :‑ 26 Geo. 5,c.2. 2. Power to certain officers of armed forces to order use of force in certain circumstances-----‑(1) Any officer not below the rank of Captain in (Subs. by A. O., 1961, Art. 2 and Sch., for "His Majesty's Military Forces" (with effect from the 23rd March, 1956).)[the military forces of Pakistan] and any officer holding equivalent rank either in (Subs. ibid., for "His Majesty's Naval or Air Forces" (with effect from the 23rd March, 1956).)[the naval or air forces of Pakistan] or in the forces of a foreign power (Subs. ibid., for "allied with His Majesty" (with effect from the 23rd March, 1956).)[allied with Pakistan] or in the forces of a foreign authority recognised by (Subs. by A. O., 1961, Art. 2, for "His Majesty" (with effect from the 23rd March, 1956).)[Government] as compe tent to maintain armed forces for service in association with (Subs. ibid., Art. 2 and Sch., for "His Majesty's forces" (with effect from the 23rd March, 1956).)[the forces of Pakistan] or in the military forces of an (Subs. by A. O., 1949, for "Indian State".)[Ac ceding State or non‑Acceding State] serving in association with any such forces as aforesaid may, if in his opinion it is neces sary for the proper performance of his duty so to do, by general or special order in writing, require any personnel under his command to use such force as may be necessary, even to the causing of death, against any person who‑ (a) fails to halt when challenged by a sentry, or (b) does, attempts to do, or appears to be about to do or attempt to do, any such act as would endanger or damage any property of any description whatsoever which it is the duty of such officer to protect; and it shall be lawful for such personnel, when so ordered, to use such force against such person. (2) The use of force against any person in obedience to an order under sub‑section (1) shall include the power to arrest and take into custody such person, and the use of such force as may be necessary, even to the causing of death, in order to effect such arrest.