Illegal Use Of A Licensed Or Sanctioned Weapon Per Se Does Not Constitute An Offence U/S 27 Of The Arms Act, 1959

KEY TAKEAWAYS

• The Supreme Court has seen that illicit utilization of an authorized or endorsed weapon fundamentally doesn't establish an offense under Section 27 of the Arms Act, 1959, without demonstrating the crime u/s 5 or 7 of the Act.

DETAILS

• Name of the case : Surinder Singh v State (Union Territory Of Chandigarh)
• On July 10, 1999, the appealing party entered Complainant's private office in an intoxicated condition and expressing that he was a beat official of the path, requested a glass of water.
• In the wake of devouring the water served to him, the Appellant undermined the Complainant by guiding the gun at him and asked him to stand and lift his hands.
• He from there on, moved around the table towards the Complainant, pulled the switch and prepared himself to fire.
• Detecting the earnestness of the circumstance, Complainant lurched at the Appellant and pushed his hand towards the roof, which brought about the projectile, discharged from the gun, hitting the roof of the workplace.
• The Appellant then, at that point, endeavoured to discharge a subsequent time, nonetheless, he couldn't and in the said practice a projectile tumbled from his gun.
• While the women of the workplace entered the workplace and raised a holler, terrified, the Appellant surged out of the workplace, left behind his remote set on the Complainant's table and his bike outside the house.

COURT PROCEEDINGS

1. The Trial Court indicted the Appellant under Section 307 IPC and Section 27 of the Act and granted a sentence of thorough detainment for a long time.
2. The Court likewise saw that, best case scenario, it very well may be a 'misconduct' under the service rules.

QUESTIONS

• What is Section 27 of the arms act, 1959?
• Whether a person possessing a license can use a weapon for illegal purposes ?

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