Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

TANAJI JAMDADE (LAWYER)     25 July 2024

Arms act and procedure

Sir, I have one querry that my one relative who is emoloyed in the jwellery shop. The said employee used the bike of Jweller ownership. One unlicenced gun found in the said bike. The said bike and my relative arrested by local crime beriue. And the said employee no concern with the gun. But police arrested and booked offence against him. Then what are the sections are likely to charge and offence whether bailable and triable by JMFC?

PUNISHMENT?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 July 2024

Section25 of the arms act states;

1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than 7[seven years but which may extend to fourteen years] and shall also be liable to fine.



8[Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years.]


8[(1AB) Whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.]

1 Like

TANAJI JAMDADE (LAWYER)     26 July 2024

Sir, jurisdiction of trial?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 July 2024

A "bailable" offense under the jurisdiction of a Judicial Magistrate First Class (JMFC) in India refers to a crime for which the accused has the right to be released on bail. Here are some key points: _Definition:_ Bailable offenses are those for which bail can be granted as a matter of right. _JMFC jurisdiction:_ JMFC courts have jurisdiction over bailable offenses punishable with imprisonment up to 3 years, or fines, or both. _Procedure:_ 1. _Arrest:_ The accused is arrested for a bailable offense. 2. _Production before court:_ The accused is produced before the JMFC court. 3. _Bail application:_ The accused files a bail application. 4. _Bail grant:_ The JMFC grants bail, considering factors like the accused's antecedents, gravity of the offense, and likelihood of fleeing. _Examples of bailable offenses under JMFC jurisdiction:_ 1. Dishonor of a cheque (Section 138 of the Negotiable Instruments Act) 2. Petty theft (Section 379 of the Indian Penal Code) 3. Mischief (Section 427 of the Indian Penal Code) 4. Public nuisance (Section 290 of the Indian Penal Code) Please note that this is not an exhaustive list, and the JMFC's jurisdiction and bailable offenses may vary depending on the specific circumstances and local laws. Consult a legal expert for guidance on specific cases.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register