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<blockquote data-quote="warwickuni" data-source="post: 24622087" data-attributes="member: 101444"><p>An armed police or a security personnel belonging to forces cannot use the weapon in violation of the law of the land.</p><p>Penal Code extend killing of a person only in self defence or to protect another person's life or property , but this use of force to kill can be exercise only in proportionate to the threat . eg an unarmed person cannot be killed when there is no threat even if there was a threat earlier.</p><p>See Section 90 of Penal Code</p><p>Facts</p><p>deceased parent was unarmed.</p><p>he had talked to the person who shot and explained the reason for entering the premises</p><p>There were no suspecting items in the possession of the person</p><p>T56 was used to kill one unarmed person belonging to a person belonging SL Navy.</p><p>This is clear excess of use of firearm and soldier had exceeded use of self defence for him and others guranteed under normal law.</p><p>There is no immunity to Police or Armed person except when it was expressly granted eg. Insurrections in 1971 and 1989 this was done through special Act of parliament. </p><p></p><p>Emergency Regulations do not allow immunity and Penal Code applies to all the actions of armed forces and to Police along with other Acts eg Torture ,ICCPR etc</p></blockquote><p></p>
[QUOTE="warwickuni, post: 24622087, member: 101444"] An armed police or a security personnel belonging to forces cannot use the weapon in violation of the law of the land. Penal Code extend killing of a person only in self defence or to protect another person's life or property , but this use of force to kill can be exercise only in proportionate to the threat . eg an unarmed person cannot be killed when there is no threat even if there was a threat earlier. See Section 90 of Penal Code Facts deceased parent was unarmed. he had talked to the person who shot and explained the reason for entering the premises There were no suspecting items in the possession of the person T56 was used to kill one unarmed person belonging to a person belonging SL Navy. This is clear excess of use of firearm and soldier had exceeded use of self defence for him and others guranteed under normal law. There is no immunity to Police or Armed person except when it was expressly granted eg. Insurrections in 1971 and 1989 this was done through special Act of parliament. Emergency Regulations do not allow immunity and Penal Code applies to all the actions of armed forces and to Police along with other Acts eg Torture ,ICCPR etc [/QUOTE]
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