Cr.PC and Arms Act.
imteyaz farooquee
(Querist) 12 July 2011
This query is : Resolved
Dear expert,
Solve my problem that section 228 (a) Cr.P.C was amended by CrPC Amendment Act, 2005. Whether it is in force or not ? If it is intoforce, by what notification ?
My second question is that in a Arms Act case, a regular 9 mm pistol ( made in America) has been recovered by the accused. My question is that :-
1. Whether it comes within the ambit of Prohibit Arms or not ?
2. If it comes within the ambit of Prohibit Arms, where the case may be
tried , in sessions court or court of J.M ? Please advice me, in detail.
prashant pundhir
(Expert) 13 July 2011
The amendment is applicable(w.e.f.23-6-2006) and the said offence is not trial by session .
1.9 mm pistol does not comes under ambit of prohibit arms but if the accused does not have the proper licence,25 arms act is applicable .
2.Trial by magistrate .