(2) In particular and without prejudice to the generality of the provisions of subsection (1), an
officer of the police, armed forces and civil armed forces may
(i) after giving prior warning use such force as may be deemed necessary or appropriate,
bearing in mind all the facts and circumstances of the situation, against any person who is
committing 1* * * a terrorist act or a schedule offence, 2[it shall be lawful for any such
officer. or any senior officer 3[after forming reasonable apprehension that death or
grievous hurt may be caused by such act or offence] to fire, or order the firing upon any
person or persons against whom he is authorized to use force in terms hereof [:]3
3[Provided that an order to open tire in such circumstances shall be given by a police officer not
below the rank of BS17 and equivalent rank, in the case of a member of Armed Forces or civil
Armed forces or by a Magistrate on duty:
Provided further that the decision to fire or order firing shall be taken only by way of last resort,
and shall in no case extend to the inflicting of more harm than is necessary to prevent the terrorist act
or scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt:
Provided further that all cases of firing which have resulted in death or grievous injury shall be
reviewed by an internal inquiry committee constituted by the head of the law enforcement agency
concerned.]
(ii) arrest without warrant, any person who has committed an act of terrorism or a scheduled
offence or against whom a reasonable suspicion exists that he has committed, or is about
to commit, any such act or offence; and
(iii) enter and search, without warrant, any premises to make any arrest or to take possession
of any property, firearm, weapon or article used, or likely to be used, in the commission of
any terrorist act or scheduled offence.
(3) Nothing contained in subsection (1) or (2) shall affect the provisions of Chapter IX of the
Code and the provision of section 132 of the Code shall apply to any person acting under this section.
4[6. Terrorism.(1) In this Act, “terrorism” means the use or threat of action where:
(a) the action falls within the meaning of subsection (2); and
(b) the use or threat is designed to coerce and intimidate or overawe the Government or the
public or a section of the public or community or sect 5[or a foreign government or
population or an international organization] or create a sense of fear or insecurity in
society; or
1 Certain words omitted by the Antiterrorism (Second Amdt.) Ordinance, 1999 (13 of 1999), s. 4.
2 Subs. by the Antiterrorism (Amdt.) Ordinance, 2001 (39 of 2001), s. 4, for certain words, which was previously amended by Ord. 29 of 2000 s. 2.
3 Subs. and added by Act VI of 2014. s. 2 .
4 Subs. by the Antiterrorism (Amdt.) Ordinance, 2001 (39 of 2001), s. 5, for section 6, which was previously amended by various enactments.
5 Ins. by the Antiterrorism (Amdt.) Act, 2013 (XIII of 2013), s. 3.
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