‘Celebratory Firing’ and the Arms Act, 1959

The Indian Arms Act was enacted in 1959 to consolidate and amend all laws relating to use of arms, their licensing and illegal use. It lays down the procedure which is to be followed in case of illegal licensing, manufacturing, production, trade and use of arms and ammunitions, further leading to penalties and punishments for the same.

India has a varying demography and in some or the other parts of the country, several festivals and functions are abundant all throughout the year. These festivities often witness incidents which are often not conducive to the human environment. One such act which qualifies the definition is- ‘Celebratory Firing’.

WHAT IS CELEBRATORY FIRING?

Celebratory Firing implies firing of arms in the air to celebrate. It is also called Aerial Firing or Celebratory Gunfire. Common occasions of celebratory firing include weddings, festivals (Eid, Diwali, etc.), New Years eve, election success of political parties, etc. This has resulted in deaths and severe injuries to life and property. In India, especially in the North, incidents of aerial gunfire celebration are very common and the death toll is high.

The Arms Act, 1959 lays down provisions for the holding of arms and ammunitions.

What should be done?

• If you witness an incident of celebratory gunfire, it can be reported with the Additional District Magistrate (ADM) or the District Magistrate (DM) of that jurisdiction.

• The Magistrate may, on receiving such complaint, order search and seizure of such place and arms, respectively. Every such search shall be conducted in the presence of the Magistrate or any officer so appointed by the central government.

• A complaint can also be made to the Officer in-Charge of the nearest police station.

• In case such aerial firing results in injuries to a person of serious nature, the court may enjoin provisions of the Indian Penal Code, 1860. Causing hurt or grievous hurt (depends upon the gravity of the offence) by act endangering life and personal safety of others.

• In case the act results in death of a person, the court shall (as in past) enjoin the provisions of culpable homicide (sec. 304) of the IPC, 1860 along with the provisions of Arms Act, 1860.

The High Court of Uttarakhand in 2013, while deciding a case, held that “Everybody, who carries a gun with live cartridges and even others, knows that firing a gun and that too in presence of several people is an act that is likely to cause death, as indeed it did. Guns must be carried with a sense of responsibility and caution and are not meant to be used in such places like marriage ceremonies.”

Consequences

In an analogous case, the apex court convicted the person on the ground that he knew that such an act will cause death to someone.

[The Supreme Court has made it clear that now death caused as a result of firing in marriage ceremonies shall no more be treated as a negligent act, but culpable homicide.]

Such an act is punishable with life imprisonment.

• In all of these cases the primary task is to file an FIR in the nearest local police station.

• Under the Arms Act, 1959, license is granted by the concerned authority for holding of arms and ammunitions.

• The license of a weapon is granted for protection by the licensing authority on being satisfied and after following the due procedure which involves the filing of the police report from the local police station.

• A person can carry an arm without holding its license only in the presence or with the written authority of the license holder.

• A person who is less than 21 years of age cannot hold or keep any kind of fire arm.

• The license holder should always keep the license with him as it can be demanded for inspection by any police officer or authorized government servant, and failure to produce the license can result in confiscation of the arm and even the arrest of the person, in case the officer gets suspicious.

• Certain conditions are attached when license is granted. The arms can only be used for the purpose for which license is granted. For Example:

If the license has been granted for protection and defence, the arms have to be used for that purpose only.

Similarly, license for a point 22 bore rifle or gun is granted only for sports purposes and not otherwise.

• If the arms are used beyond these purposes (e.g. celebratory firing), it would result in violation of license or rule and make the person liable for punishment under the Arms Act.

Also, if such firing is done using arms and ammunitions that have been prohibited by the government, the punishment may vary from imprisonment for 7 years to death penalty {if such an act causes death (rarest of rare cases )}

• A person who has been convicted and sentenced for more than 6 months for any offence cannot hold or keep any fire arm till 5 years after his release.

Also, if a person, who has once been convicted under the arms act for any offence, again gets convicted under the same act shall be liable to give a double penalty.

• It is important to note that all offences, which attract provisions of both IPC and Arms act, are cognizable offences; an arrest can be made by the police without a warrant. Such arrest can be made after filing of the FIR or under directions of the magistrate.

• Any offensive weapon or arms found in the possession of the offender shall be confiscated under the act/code. It may also lead to revocation of licenses.

• An appeal can be filed with the higher authority in regard to revocation of licenses. However, no appeal lies against an order passed by the central government.