What began as a student protest against the alleged NEET paper leak has now evolved into a major legal and political controversy. The focus is no longer only on the protest itself, but on a viral video that appears to show a Bihar Police constable firing an AK-47 rifle in Siwan.
The incident has raised concerns over the use of force by police and whether such powerful weapons have any place in handling civilian demonstrations. Here’s a look at what happened, what the law permits, and why this case has become so significant.
What Happened in Siwan?
The incident took place during the Bihar bandh organised by student groups protesting the alleged NEET paper leak. During clashes between protesters and police in Siwan, a video surfaced showing a police personnel firing what appeared to be an AK-47 rifle.
The video quickly went viral, raising serious concerns about the level of force used during crowd control. Following the controversy, Bihar Police suspended Constable Abhishek Patel, a member of a Special Investigation Team (SIT), and ordered a departmental inquiry.
The investigation will examine who authorised the firing, whether proper procedures were followed, and whether the use of force was legally justified.
Can Bihar Police Have AK-47 Rifles?
Yes. Bihar Police is legally allowed to possess AK-47 rifles.
However, these weapons are not meant for routine policing. They are usually issued only to specialised units such as the Special Task Force (STF), Special Operations Group (SOG), anti-Naxal teams, counter-terrorism units and VIP security personnel.
These teams deal with situations involving terrorists, heavily armed criminals or insurgents where ordinary police weapons may not be sufficient.
So, the issue is not whether Bihar Police owns AK-47 rifles. The real question is whether using one during a student protest was necessary and lawful.
What Does the Law Say?
The Constitution of India gives every citizen the right to assemble peacefully without weapons under Article 19.
If a protest turns violent, police have the authority to restore law and order. However, they cannot immediately open fire.
Under policing guidelines and the Bharatiya Nagarik Suraksha Sanhita (BNSS), force should be used in stages and only when absolutely necessary.
The usual sequence is:
- Persuasion and dialogue
- Public announcements and warnings
- Barricading
- Water cannons
- Tear gas
- Lathi charge
- Firing only as the last resort
Even when firing becomes unavoidable, the law expects police to use only the minimum force necessary to protect lives and restore order.
When Can an AK-47 Be Used?
Security experts say assault rifles like the AK-47 are generally meant for extraordinary situations.
These include:
- Terrorist attacks
- Naxal operations
- Encounters with heavily armed criminals
- Situations where there is an immediate threat to the lives of police personnel or civilians
Their intended role is not routine crowd control.
Whether such an extraordinary threat existed during the Siwan protest is now the central question before the departmental inquiry.
Why Is the AK-47 Different?
The AK-47 is one of the world’s most recognised assault rifles. Designed by Soviet engineer Mikhail Kalashnikov, it is known for its reliability and high firepower.
Some key features include:
- Uses 7.62×39 mm ammunition
- Standard magazine capacity of 30 rounds
- Can fire hundreds of rounds per minute in trained hands
- Effective range of around 300 to 400 metres
- Works reliably even in harsh weather and rough conditions
Because of its rapid-fire capability, experts believe it should be used only in exceptional security situations.
How Did AK-47s Become Part of Indian Police?
The AK-47 first became part of India’s security system through the armed forces and central forces fighting terrorism and insurgency.
Later, several state police forces, including Bihar Police, acquired these rifles for specialised tactical units dealing with organised crime, left-wing extremism and terrorism.
Their purpose has always been specialised operations, not everyday law-and-order duties.
What Else Happened During the Bihar Bandh?
Police said violence during the bandh led to action across several districts.
According to official figures, 21 FIRs have been registered and around 450 people have been arrested. Another 100 people have reportedly been detained for questioning.
Cases include charges such as attempt to murder, assault on police personnel, damage to government property, road blockade and assault on civilians.
Jan Shakti Janata Dal leader Tej Pratap Yadav was also arrested after clashes near Gandhi Maidan in Patna and has been sent to 14 days’ judicial custody.
What Happens Next?
The departmental inquiry into the Siwan firing will decide whether the use of the AK-47 followed legal procedures and police protocols. Investigators will examine the circumstances, the level of threat faced by police, and whether the force used was proportionate.
The findings could influence future guidelines on the use of assault weapons during public protests.
The Siwan incident has become more than just a law-and-order issue. It has raised important questions about police accountability, proportional use of force and the balance between maintaining public order and protecting citizens’ constitutional rights. The outcome of the inquiry will determine whether the firing was legally justified or an excessive use of force.