- GOVERNMENT OF INDIA
- LEGISLATIVE DEPARTMENT
- New Delhi, the 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 Governor-General is pleased to make and
promulgate the following Ordinance:
1. (1) This Ordinance may be called the Armed Forces
(Special Powers) Ordinance, 1942.
(2) It extends to the whole of British India
(3) It shall come into force at once.
(a) fails to halt when challenges by a sentry, or
(b) does, attempts to so, or appears to be about to do or
attempt to so, any such Act as would endanger or damage any property of any
description whatsoever which it is the duty of 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 forces against such person.
(2) The use of forces against any person in obedience to an
order under sub-section (1) shall include the power of 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.
*(3) Any person arrested and taken into custody under this
Ordinance shall be made over to the officer incharge of the nearest police
station as soon as practicable, together with a report of the circumstances
occasioning the arrest.
Ò3. Arrested persons to be made over to appropriate
authority -- Any person arrested and taken into custody under this ordinance
shall , as soon as practicable, be made over together with a report of the
circumstances occasioning the arrest, to the officer in charge of the nearest
police station, or where the said person is a person subject to military law,
to the appropriate military officer.Ó
4. No prosecution, suit or other legal proceeding for any
other purporting to be made under this Ordinance or any act purporting to be
done in obedience to any such order shall be instituted in any court except
with the previous sanction of the Central Government and not withstanding
anything contained in any other law for the time being in force, no person
purporting in good faith to make such an order or to do any act in obedience
thereto shall, whatever consequences ensue, be liable therefore.
