Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Pramod Rai (advocate)     28 December 2009

arms act

 a man arrested with a licence gun with licence, is 25-1B of arms act is applicable or sec 30 is applicable. here it is made clear that the licence is in the name of his father in law.



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 6 Replies

Anil Agrawal (Retired)     28 December 2009

 He is in trouble either way. 

What is happening to us? Indulging in illegalities and then seeking remedy?


(Guest)

Pramod Rai ji,

 

You didn't give details of Man arrested. Details such as age, health, any involvement in any offence etc.

Without written consent of his father-in-law keeping a licenced gun with him is a crime.


(Guest)

It is possible the Police officer's mistake with out knowing the facts he arrested the man.

And one part P.Sathya Prakash ji is correct.


(Guest)

He is having the right to keep the gun only at residence but not carrying out side. If he carry the licenced gun out side the Police is having the power to arrest the person under what so ever section.

Ziaur Rahman ( Practice)     01 January 2010

Yes he can but under certain circumstances. Please read Section 3 of Arms Act 1959 which is as follows:

"3. Licence for acquisition and possession of fire-arms and


ammunition.-1*[(1) No person shall acquire, have in his possession, or


carry any firearm or ammunition unless he holds in this behalf a


licence issued in accordance with the provisions of this Act and the


rules made thereunder:


Provided that a person may, without himself holding a licence,
carry any firearm or ammunition in the presence, or under the written
authority, of the holder of the licence for repair or for renewal of
the licence or for use by such holder
". I think this will clear the doubt.


Anil Agrawal (Retired)     01 January 2010

 It is apparent that he was carrying the gun without any authority.

For fun or for Dadagiri? Who knows? The supposed innocence won't help.


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