Legal Question in Administrative Law in India

one of my relative aged 28 has been arrested bt police while selling a gun and 7 live bullets to a person .....i didnt checked FIR yet.....i am going that place to support his family in such situation.....please help me and tell me which ACT WILL BE IMPOSED OR CHARGED UPON HIM for this offence.... AND WHAT WILL BE MINIMUM PUNISHMENT UNDER THAT ACTS....he was with one more person while selling, actual person who is main among these accused is also arrested and persons who were buying gun were fled away. plz reply me immediately..


Asked on 7/09/13, 8:43 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

09.07.2013

Dear Sir / Madam,

Section 25 in The Arms Act, 1959 deals with punishment for illegal possession and sale of firearms in India :

25. Punishment for certain offences

(1) Whoever--

(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or

(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or

(c) brings into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

Regards,

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Answered on 7/09/13, 10:30 am


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