Possession Of Prohibited Weapons
Possession of Prohibited Weapons
Definition:
Possession of prohibited weapons refers to the unauthorized ownership, carrying, manufacturing, or sale of weapons banned under law. Prohibited weapons can include firearms, explosives, knives, and other arms specified under statutory provisions.
Legal Framework in India:
Arms Act, 1959
Section 3: Prohibition on acquisition and possession of arms without license.
Section 5: Prohibition on carrying arms in public without license.
Section 25 & 27: Punishment for illegal possession, manufacture, and sale of firearms.
Arms Rules, 2016
Defines licensing procedures and restrictions.
Penalties:
Small arms without license: Imprisonment up to 3 years or fine.
Prohibited weapons or firearms of higher caliber: Imprisonment up to 7–10 years + fine.
Repeated or commercial offenses: May attract life imprisonment.
Key Principles:
Possession must be without lawful authority to constitute an offense.
License holders are exempt, provided they comply with conditions.
Intent may be inferred from quantity, type, and context.
Weapons can include arms, explosives, and prohibited devices.
Case Laws on Possession of Prohibited Weapons
1. State of Rajasthan v. Kashi Ram (2006)
Facts: Accused caught with automatic rifles without license.
Judgment: Supreme Court held that possession of prohibited arms attracts strict punishment under Arms Act, irrespective of intent to use.
Significance: Reaffirmed that mere possession of banned firearms is a criminal offense.
2. Union of India v. Suresh Kumar (1999)
Facts: Accused illegally manufactured and sold firearms.
Judgment: Court held that illegal manufacture and sale of firearms is a serious offense, punishable with 7–10 years imprisonment and heavy fine.
Significance: Demonstrates that commercial possession and trafficking of prohibited weapons attract severe penalties.
3. Devender v. State of Punjab (2002)
Facts: Accused in possession of country-made pistols.
Judgment: Court held that prohibited weapons include homemade firearms, and license exemption does not apply to banned types.
Significance: Clarified that illegally made weapons are treated at par with commercial arms.
4. State of Maharashtra v. Mohd. Shafi (2005)
Facts: Accused found with unlicensed revolvers in public.
Judgment: High Court confirmed that possession without license, even temporarily, is sufficient to constitute an offense.
Significance: Reinforced the principle of strict liability for possession of prohibited weapons.
5. Prem Singh v. State of Haryana (2010)
Facts: Accused in possession of explosives and prohibited arms.
Judgment: Court imposed imprisonment of 7 years and fine, noting that possession of explosives is treated more severely under law.
Significance: Expanded the scope of prohibited weapons to include explosives and incendiary devices.
6. State of Kerala v. Thomas (2014)
Facts: Accused held with multiple unlicensed firearms during interstate travel.
Judgment: Court held that transporting prohibited weapons without license constitutes a separate offense, punishable under Arms Act.
Significance: Clarified possession during transport is treated as possession offense.
7. Rajesh Kumar v. Union of India (2016)
Facts: Accused possessed prohibited knives and batons for unlawful purposes.
Judgment: Court ruled that even non-firearm weapons can be prohibited, and their possession with intent to use unlawfully is punishable.
Significance: Broadens the category of prohibited weapons beyond firearms.
Key Principles from These Cases
Strict Liability: Mere possession of prohibited weapons without license is sufficient for conviction.
Commercial/Trafficking Aggravates Punishment: Illegal manufacture, sale, or transport leads to longer sentences.
Homemade/Non-traditional Weapons Included: Country-made firearms and improvised weapons are treated as prohibited.
Intent Considered but Not Always Necessary: Possession alone is enough for punishment, but intent can aggravate penalty.
Transported Weapons Treated as Possession: Carrying prohibited arms across locations constitutes an offense.
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