Module 11: NATIONAL USE OF FORCE

• Law Enforcement Agencies are legally permitted to use force in public interest to
deter and prevent crime for protection of people, property and defending
themselves. However, they are accountable for the quantum of force to be used
for situation management. To ensure consistency in “application of reasonable
force as necessary” and assist in training the police forces, ‘National Use of Force
Model’ was conceived.
• The Chapter will be covered in two parts as under :
 Part - I Laws on use of Force
 Part -II Guiding Principles & Tactical Considerations for Use of Force

Part-I Laws on Use of Force

• Use of Minimum Force. The guiding principle for use of force is “Minimum
Force “as reasonable in the circumstances”. The quantum of force used must
follow the principle of accountability – “every one who is authorized by law to
use force is criminally responsible for any excess thereof according to the
nature and quality of the act that constitutes the excess”

• Section 30 : Preventing Breach of Peace Every one who witnesses a breach of

the peace is justified in interfering to prevent the continuance or renewal thereof
and may detain any person who commits or is about to join in or to renew the
breach of the peace, for the purpose of giving him into the custody of a peace
officer, if he uses no more force than is reasonably necessary to prevent the
continuance or renewal of the breach of the peace or than is reasonably
proportioned to the danger to be apprehended from the continuance or renewal of
the breach of the peace.

• Section 31: Obeying Order of Peace Officer

 Every peace officer who witnesses a breach of the peace and everyone who
lawfully assists the peace officer is justified in arresting any person whom he
finds committing the breach of the peace or who, on reasonable grounds, he
believes is about to join in or renew the breach of the peace.
 Everyone is justified in obeying an order of a peace officer to use force to
suppress a riot if :
 he acts in good faith; and
 the order is not manifestly unlawful
 Everyone who, in good faith and on reasonable grounds, believes that serious
mischief will result from a riot before it is possible to secure the attendance of
a peace officer is justified in using as much force as he believes in good faith
and on reasonable grounds,
 is necessary to suppress the riot; and
 is not excessive, having regard to the danger to be apprehended from the
continuance of the riot
• Section 27. Use Of Force To Prevent Commission Of Offence Everyone is
justified in using as much force as is reasonably necessary , to prevent the
commission of an offence and
 for which, if it were committed, the person who committed it might be
arrested without warrant,
 that would be likely to cause immediate and serious injury to the person or
property of anyone; or
 to prevent anything being done, that, on reasonable grounds, he believes
would, if it were done, be an offence mentioned in Paragraph (a) above.

• Sec 31 Apprehension Of Serious Mischief Every one who, in good faith and on
reasonable grounds, believes that serious mischief will result from a riot before it
is possible to secure the attendance of a peace officer is justified in using as much
force as he believes in good faith and on reasonable grounds,
 is necessary to suppress the riot; and
 is not excessive, having regard to the danger to be apprehended from the
continuance of the riot.

Part –II Guiding Principles & Tactical Considerations for Use of Force

• Guiding Principles for Use of Force There are six guiding principles
recommended in the National Use of Force Model. As a security guard one may
be required to use these principles for application of force during his duty.
Therefore, all security guards must be familiar with these principles:
 The primary duty of a law enforcing officer is to protect life.
 The primary duty of any use of force is to ensure public safety
 Law enforcing officer's safety is also essential for public safety.
 National use of force does not replace or augment the law.
 The national use of force model was constructed in consideration of federal
law and current case law.
 The model is not intended to dictate policy to any agency
• The situation wheel The assessment process of the situation where force may be
required to be used is a continuous and dynamic process of evaluation that has
three essential stages:
 Assess the situation
 Plan for action
 Act
• National Use of Force Model The complete graphical representation of Nation
Use of Force Model is given below. It discusses situational factors, subject’s
behavior factors and escalatory guidelines for use of force by the law enforcement
officers based on these considerations.
 NATIONAL USE OF FORCE MODEL

• Subject Behaviors Central to the Assess-Plan-Act process is the observed

behavior of the subject. There are five different categories of subject behavior in a
circle adjacent to the SITUATION. Where a subject falls within these categories is
dependent upon the officer’s perception. The following describes each of the
categories of subject behavior.
 Co-operative The subject responds appropriately to the officer’s presence,
direction and control.
 Passive Resistant The subject refuses, with little or no physical action, to
cooperate with the officer’s lawful direction. This can take the form of verbal
refusal and/or physical inactivity either consciously or unconsciously
contrived.
  Active Resistant The subject uses non-assaultive physical action to resist, or
while resisting an officer’s lawful direction or attempts to control the subject.
Examples would include such actions as pulling away or holding onto fixed
objects in an attempt to prevent or escape an officer’s control. Other examples
include walking directly at an officer or away from an officer counter to the
officer’s lawful direction. Attempting to escape custody by fleeing would be
an example of active resistant behavior. Assaultive The subject attempts to
apply, or applies physical force to any person; attempts or threats by act or
gesture to apply force to another person or causes the officer to believe upon
reasonable grounds that the subject has the present ability to effect an assault
upon the officer or someone under the officer’s lawful care. Examples include
punching and kicking but may also include aggressive or threatening body
language or verbal cues that signal the intent to assault.
 Death or Grievous Bodily Harm The subject exhibits actions that the officer
reasonably believes are intended to, or likely to, cause grievous bodily harm
or death to the officer or any other person. Examples include assaults with
weapons such as cutting, stabbing or slashing instruments, attacks with
firearms, attacks with personal weapons such as hands and feet if the officer
reasonably perceives such attack will cause grievous harm or death.

• Use of force Options: After the initial assessment of situation and target
behavior, one must consider various escalatory options for application of force.
These are :
 Officer's presence. The mere presence of a police officer in uniform or in a
marked police unit is often enough to stop a crime in progress or prevent most
situations from escalating. Without saying a word, the mere presence of a
police officer can deter crime by the simple use of body language and
gestures. At this level gestures should be non-threatening and
professional. This "zero" level of force is always the best way to resolve any
situation if possible.
 Communications Used in combination with a visible presence, the use of the
voice can usually achieve the desired results. Whether you instruct a person
to, "Stop.", "Don't Move.", "Be quiet.", "Listen to me.", "Let me see your
ID.", or, "You're under arrest."-- voice commands in conjunction with your
mere presence will almost always resolve the situation. The content of the
message is as important as officer’s demeanor. It’s always best to start out
calm but firm and non-threatening. Officer’s choice of words and intensity can
be increased as necessary, or used in short commands in more serious
situations. The right combination of words in combination with officer
presence can de-escalate a tense situation and prevent the need for a physical
altercation. Training and experience improves the ability of a police officer to
communicate effectively with everyone he/she comes in contact with.
 Physical control
 Soft and Hard Options Certain situations will arise where words alone will
not reduce the aggression. This is the time police officers will need to get
involved physically. This is a level of control employed by police officers
 minus the aid of equipment or weapons. There are two subcategories called,
“soft empty hand techniques” and “hard empty hand techniques.” Soft Empty
Hand Techniques: At this level minimal force would involve the use of bare
hands to guide, hold, and restrain -- applying pressure points, and take down
techniques that have a minimal chance of injury. Hard Empty Hand
Techniques: At this level the use of force includes kicks, punches or other
striking techniques such as the brachial stun or other strikes to key motor
points that have a moderate chance of injury.
 Intermediate Weapons e.g. Pepper Spray, Baton, Taser. When the suspect is
violent or threatening, more extreme, but non-deadly measures must be used
to bring the suspect under control, or affect an arrest. Before moving to this
level of force, it is assumed that less physical measures have been tried and
deemed inappropriate. Pepper spray results in considerable tearing of the eyes,
as well as temporary paralysis of the larynx, which causes subjects to lose
their breath. Contact with the face causes a strong burning sensation. Pepper
spray, once thought an effective street tool for police officers has lost
popularity over the years because of its ineffectiveness, especially on
intoxicated persons. The typical baton is a round stick of various lengths, and
is made of hardwood, aluminum or plastic composite materials. A blow with a
baton can immobilize a combative person, allowing officers to affect an arrest.
Of all the options available at this level the Taser is considered to be the most
effective. The Taser discharges a high voltage spark (50,000 volts) at very low
amperage. The Taser fires two small darts, connected to wires, which drops a
suspect at non-contact distance. These devices are easily carried. They are
lightweight and affordable. Extensive training is not required, and they may
be more effective on persons under the influence of PCP and other drugs who
do not respond to chemical irritants. They can be especially useful for
controlling non-criminal violent behavior, such as persons who are mentally
impaired, or under the influence of mind-altering substances.
 Lethal Force
 Less Lethal. This is a newer, acceptable and effective level of force
that numerous police agencies have added to their use of force
continuum policy and procedure. Less-lethal weapons were developed
to provide law enforcement, military and corrections personnel with an
alternative to lethal force. They were designed to temporarily
incapacitate, confuse, delay, or restrain an adversary in a variety of
situations. They have been used in riots, prison disturbances, and
hostage rescues. Less-lethal weapons are valuable when: Lethal force
is not appropriate. Lethal force is justified and available for backup but
lesser force may subdue the aggressor. Lethal force is justified but its
use could cause collateral effects, such as injury to bystanders or life-
threatening damage to property and environment.
 Deadly Force. If a peace officer has probable cause to believe that a
suspect poses a significant threat of death or serious bodily injury to
the officer or others then the use of deadly force is justified. By the
very nature of the profession, peace officers may at times be
 confronted with a potentially lethal threat. In most of these instances,
peace officers will have no other option but to discharge their firearm
in order to protect their life or, the life of others.

 Other factors that merit consideration before going in for use of force in
managing crowds:
 Environment Factors. Before application of force, one must consider
weather conditions like snow, rain or hot afternoon and the location of the
demonstration whether indoor or in the open , protestor on vehicles or on
roof tops
 Size/Strength of Crowd ( size of protesting crowd ) One must consider
the number of protesters likely to be encountered so that one can
anticipate the number of law enforcement personnel required to control
the protestors, should they go violent
 What all type of weapons are carried by crowd / protesters
 Prior History of Protesters Whether Aggressive / Peaceful Protests.
One must know and check from past records, what type is general
behavior of the protesters like - violent and aggressive behavior and
tendency to rioting and destroying property etc. This will help Law
Enforcement officers in assessing the situation after knowing the past
history of such protests and their subsequent management.
 Time and distance involved in case additional force is required
• Tactical Considerations for Application of Force
 Level of training of Law Enforcement Force
 Strength of security personnel available for dealing with the protesters
 Policy of the industry and the management
 Uniform and the equipment available to the guards
 After disengaging from the situation and subsequent consequences.
 Availability of police
• Positional asphyxia, also known as postural asphyxia, is a form
of asphyxia which occurs when someone's position of body prevents them
from breathing adequately. A small but significant number of people die suddenly
and without apparent reason during restraint by police, prison (corrections)
officers and health care staff. Positional asphyxia may be a factor in some of these
deaths.

 Positional asphyxia is a potential danger of some physical restraint

techniques,
 People may die from positional asphyxia by simply getting themselves into a
breathing-restricted position they cannot get out of, either through
carelessness or as a consequence of another accident.
• Excited delirium is a condition that manifests as a combination
of delirium, psychomotor agitation, anxiety, hallucinations, speech
disturbances, disorientation, violent and bizarre behavior, insensitivity to pain,
elevated body temperature, and superhuman strength. Excited delirium is
 sometimes called excited delirium syndrome if it results in sudden death
(usually via cardiac or respiratory arrest), an outcome that is sometimes associated
with the use of physical control measures, including police restraint and tasers.
Excited delirium arises most commonly in male subjects with a history of
serious mental illness and/or acute or chronic drug abuse, particularly stimulant
drugs such as cocaine. Alcohol withdrawal or head trauma may also contribute to
the condition. The diagnosis of excited delirium has been controversial especially
when a subject dies during imposition of restraints by law enforcement
agencies. These circumstances have led some civil liberties groups to question
the cause of death diagnosis, claiming that excited delirium has been used to
"excuse and exonerate" law enforcement authorities following the death of
detained subjects, a possible "conspiracy or cover-up for brutality" when
restraining agitated individuals. Also contributing to the controversy is the role of
taser use in excited delirium deaths. The American College of Emergency
Physicians has officially recognized excited delirium as a unique syndrome and
"rejects the theory" that excited delirium is an "invented syndrome" used to excuse
or cover-up the use of excessive force by law enforcement.

• Summary Before going for use of force in any situation, the entire sequence
should be considered dynamic and constantly changing till the time situation
comes under control. Hence only that much force should be used to control the
situation as much is essential to stop the violators of law protesters and regain the
control to the normal. One must deescalate the situation as the resistance
decreases and things are coming to normal and threat to property and employees
working is over.