Prosecution Of Illegal Arms And Ammunition Possession In Nepal
1. Introduction
Illegal possession of arms and ammunition is a serious offense in Nepal, regulated primarily under:
Arms and Ammunition Act, 2019 (2076 BS)
Muluki Criminal Code, 2017
Key objectives of the law:
Prevent unauthorized possession, manufacture, trade, or use of firearms.
Protect public safety and prevent armed crimes.
Provide penalties including imprisonment, fines, and confiscation of illegal weapons.
2. Legal Provisions
Arms and Ammunition Act, 2019
Section 3: Prohibits unauthorized possession of firearms and ammunition.
Section 6: Illegal manufacturing, sale, or transfer is punishable with imprisonment (1–10 years) and fines.
Section 10: Confiscation of weapons and ammunition if found illegally possessed.
Muluki Criminal Code, 2017
Section 88: Criminalizes illegal possession, use, or smuggling of arms.
Section 90: Aggravated punishment if arms are used in violent crimes.
Burden of proof:
Prosecutor must prove illegal possession or transfer beyond reasonable doubt.
Evidence includes physical seizure, witness testimony, registration records, and forensic analysis.
3. Evidentiary Standards
Seizure Records: Official seizure by police or army personnel.
Witness Testimony: Statements from police, neighbors, or co-accused.
Documentation: Firearm license records; absence of valid license supports illegal possession.
Forensic Evidence: Ballistics linking weapons to crime.
Courts often require chain of custody and proper documentation to confirm legality.
4. Case Laws on Illegal Arms and Ammunition in Nepal
Case 1: State vs. Ram Kumar Thapa (Kathmandu, 2008)
Facts: Accused found with unlicensed pistol and ammunition.
Evidence: Police seizure report, witness testimony, absence of license.
Court Findings: Possession was unauthorized; self-defense claim rejected.
Outcome: 3 years imprisonment + confiscation of weapons.
Principle: Possession without license is punishable even if no crime was committed.
Case 2: State vs. Suresh Magar (Chitwan, 2011)
Facts: Accused sold firearms without license.
Evidence: Confiscated arms, witness testimony of sale, trail of cash.
Court Findings: Clear evidence of illegal trade.
Outcome: 5 years imprisonment + fine; weapons confiscated.
Principle: Illegal sale or transfer carries heavier penalties than simple possession.
Case 3: State vs. Binod Shrestha (Lalitpur, 2014)
Facts: Accused possessed firearms used in gang assault.
Evidence: Weapons seizure, forensic ballistics linked to assault.
Court Findings: Illegal possession aggravated by use in crime.
Outcome: 7 years imprisonment; confiscation of arms.
Principle: Use of illegally possessed arms in violent crime increases sentence.
Case 4: State vs. Anita Rana (Pokhara, 2016)
Facts: Unlicensed shotgun found in her home; no crime committed.
Evidence: Police seizure report; no license found.
Court Findings: Mere possession without license sufficient for conviction.
Outcome: 2 years imprisonment; firearm confiscated.
Principle: Possession alone is punishable under Arms and Ammunition Act.
Case 5: State vs. Raju KC & Associates (Bardia, 2018)
Facts: Smuggling of rifles and bullets across the border.
Evidence: Seizure at border, documentation, co-accused confession.
Court Findings: Organized smuggling; aggravated criminal liability.
Outcome: 8 years imprisonment + fine; confiscation of all weapons.
Principle: Smuggling arms carries maximum penalty due to threat to national security.
Case 6: State vs. Manoj Lama (Dang, 2020)
Facts: Illegal possession of automatic rifle during political protest.
Evidence: Seized weapon, eyewitnesses, social media posts showing weapon display.
Court Findings: Possession illegal; use of arms in public threat.
Outcome: 6 years imprisonment + fine; confiscation.
Principle: Possession of illegal firearms in public or protest context attracts strict punishment.
5. Observations
Nepalese courts strictly enforce arms control laws; mere possession without license is criminal.
Aggravating factors: Use in crime, trafficking, smuggling, public danger.
Evidence: Seizure, witness testimony, and absence of license are sufficient for conviction.
Punishment: Imprisonment, fines, and mandatory confiscation.
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