the indian arms act

venkataraman (Querist) 28 July 2010 This query is : Resolved
In a given case the Court has found an accused guilty for an offence under section 27 (3 ) of the Indian Arms Act, and the punishment prescribed for the same is only death: But can the Court on a consideration that the case is not a rarest of the rarest case award a lesser punishment?. I am not going into the niceties of the case and I amn only restricting my query to the above.

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Arvind Singh Chauhan (Expert) 28 July 2010
I don't think that it covers the theory of rarest of the rare case.

s.subramanian (Expert) 28 July 2010
No. When the prescribed penalty is death, the court cannot alter it if the case is proved.

S. Bharath (Expert) 28 July 2010
Mr. Subramaniam is right. There is no judicial discretion with respect to the quantum/nature of punishment prescribed in S. 27[3] for the court to award lesser punishment.

Guest (Expert) 28 July 2010
ALREADY REPLIED IN DETAIL AS THIS IS POSTED TWICE.KINDLY REFER THE OTHER MATTER.
ACCUSED AND ADVOCATE FOR ACCUSED CAN PRAY FOR LINIENT VIEW OF THE COURT MENTIONING ENTIRE FAMILY OF ACCUSED DEPEND ON HIM AND WILL FACE HARDSHIPS AND QUOTE LAW PROVISIONS AND CITATIONS FOR SUPPORT.

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