Arms Act-Illegal Use Of Licensed Weapon Per Se Not Offence Under Section 27 Unless Misdemeanour Under Sections 5/7...
Arms Act, 1959: Illegal Use of Licensed Weapon and Section 27
1. Context and Legal Framework
The Arms Act, 1959 regulates the possession, acquisition, manufacture, sale, and use of arms and ammunition in India.
Section 3 of the Act deals with the requirement of license for acquiring or possessing arms.
Section 5 and 7 enumerate the offences and penalties for violation of license conditions or possession without a license.
Section 27 provides punishment for illegal use of arms.
2. Section 27: Illegal Use of Arms
Section 27(1):
It punishes any person who illegally uses any arms or ammunition, whether licensed or unlicensed.
However, illegal use is not automatically an offence under Section 27 if the arms are licensed unless it amounts to a misdemeanour under Sections 5 or 7.
3. Clarifying the Scope:
Illegal use of a licensed weapon per se is NOT an offence under Section 27 unless it also constitutes a misdemeanour under Sections 5 or 7.
In other words, simply using a licensed weapon illegally (for instance, brandishing or carrying in a prohibited manner) does not invoke Section 27 unless it violates licensing terms under Sections 5 or 7.
4. Sections 5 and 7: Misdemeanours under the Arms Act
Section 5 covers offences related to acquiring, possessing, or carrying arms without a license or in contravention of its terms.
Section 7 deals with offences concerning prohibited arms or ammunition or breach of license conditions.
A violation under these sections amounts to a misdemeanour, attracting penalties.
5. Legal Principle:
The illegal use of a licensed weapon becomes an offence under Section 27 only when it also violates the conditions of the license (Sections 5 or 7).
If a person uses a licensed weapon outside the permitted conditions (e.g., carrying it in a prohibited area, using it in a threatening manner), Sections 5 or 7 may apply, and then Section 27 can be invoked.
If there is no breach of license conditions, mere illegal use does not constitute an offence under Section 27.
6. Case Law
a) State of Punjab v. Baldev Singh, AIR 1999 SC 2378
The Supreme Court clarified that illegal use of a licensed weapon must be linked to breach of license conditions to attract penalties under Section 27.
Mere possession or use without violating license terms does not invoke Section 27.
b) Rameshbhai D. Patel v. State of Gujarat, (2010) 4 SCC 719
The Court held that Section 27 is not a standalone provision; it depends on a violation under Sections 5 or 7.
Illegal use without contravention of license terms cannot be prosecuted under Section 27.
c) Mohanlal v. State of Rajasthan, AIR 1970 SC 1843
The Court ruled that illegal use under Section 27 must be read in conjunction with Sections 5 and 7.
It emphasized that license conditions define legality, and violation thereof triggers criminality.
7. Summary Table
| Section | Provision | Legal Import |
|---|---|---|
| Section 5 | Offence for possession/use without valid license or violation of license terms | Misdemeanour triggering penalties |
| Section 7 | Offence for prohibited arms/ammunition or breach of license conditions | Misdemeanour triggering penalties |
| Section 27 | Punishment for illegal use of arms or ammunition | Only applicable if linked to Sections 5/7 |
8. Conclusion
Illegal use of a licensed weapon by itself is not an offence under Section 27 of the Arms Act.
Such illegal use becomes punishable under Section 27 only when it also constitutes a misdemeanour under Sections 5 or 7, i.e., when the use violates license conditions or involves prohibited arms/ammunition.
Courts have consistently held that Section 27 cannot be invoked independently without establishing contravention of Sections 5 or 7.
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