Lok Sabha Question No. 3762 (UNSTARRED), answered on 2015-12-22
Subject: Killing of Militant by Police
Ministry: HOME AFFAIRS
Asked by: VIJAY KUMAR S.R., ANIRUDHAN SAMPATH

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.3762

TO BE ANSWERED ON THE 22 ND  DECEMBER, 2015/PAUSHA 1, 1937 (SAKA)

## KILLING OF MILITANT BY POLICE

3762.   SHRI S.R. VIJAYAKUMAR:

DR. A. SAMPATH:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Union Government, in consultation with State Governments  and  other  stakeholders  proposes  to  frame  guidelines  to protect  policemen  from  legal  action  faced  by  them  on  account  of militants killed during firing in self defence;
- (b) if so, the details thereof;
- (c) the criteria fixed for award of compensation to policemen who died while performing their duty by the Union and the State Governments;
- (d)  the  total  compensation  paid  to  the  family  members  of  such  police personnel during each of the last three years and the current year;
- (e) whether the family members of such aggrieved police personnel are satisfied with the compensation paid to them; and
- (f) if not, the action taken by the Government in this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

- (a)  &  (b):  Suitable  provisions  are  already  available  in  the  Criminal Procedure Code and the Indian Penal Code for the protection of security personnel from malafide prosecution.  Section 46 of the CrPC authorizes the  police  to  use  reasonable  force  to  arrest  a  person  accused  of  an offence. Further, Section 100 of IPC explains the right of private defence, which extends to even causing death if there is reasonable apprehension that  death  will  be  the  consequence  of  such  assault.   With  regard to

## LS.US.Q.NO.3762 FOR 22.12.2015

malicious and false complaints against police personnel, Section 182 of IPC  enables  police  to  launch  prosecution  against  such  persons.    In addition,  security  personnel  are  protected  from  malicious  prosecution under Section 197 of CrPC, which mandates prosecution sanction of the Government before proceedings are launched against them.

(c) to (f): Ex-gratia lump sum compensation is admissible to the Next of Kin  (NoK)  of  Central  Armed  Police  Forces  (CAPF)  and  Assam  Rifles personnel,  who  die  in  harness  in  the  performance  of  their  bonafide official duties under various circumstances. The details of such compensation are attached as  Annexure.  In addition, the CAPFs  have their own compensation regime, apart from ex-gratia payment mentioned in  the  Annexure.    A  certain  compensation  is  also  paid  under  different schemes  of  the  Ministry  of  Home  Affairs  like  the  Security  Related Expenditure Scheme etc.  The State Governments have their own system of compensation for the State Police personnel, which differs from State to State.

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## LS.US.Q. No. 3762 for 22.12.2015

## Annexure

Annexure  referred  to  in  reply  to  part  (c)  to  (f)  of  Lok  Sabha  UnStarred  Question  No.  3762  for  22.12.2015  regarding  Killing  of Militant by Police.

| Category                                                                                                                                                       | Ex-Gratia lump sum compensation amount   |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------|
| Death occurring due to accident in the course of performance of duties                                                                                         | Rs. 10 Lakh                              |
| Death occurring in the course of performance of duties attributable to act of violence by terrorists and anti-social elements etc.                             | Rs. 10 Lakh                              |
| Death occurring (a) enemy action, war or border skirmishes and (b) action against militants, terrorist, extremist etc.                                         | Rs. 15 Lakh                              |
| Death occurring while on duty in the specified high altitude, inaccessible border posts, etc. on account of natural disasters, extreme weather conditions etc. | Rs. 15 Lakh                              |

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