Seems to be some kind of positive development. But what is the real significance of this amendment? Supreme Court has already held that death sentence is to be provided only in "rarest of rare" cases of murder. So the punishment of death sentence under Section 27(3) of Arms Act 1959 is already diluted unless it is a "rarest of rare" case of murder.The amendment seeks to provide for an option of life sentence along with death penalty for such offences.
I humbly disagree with this opinion. This is a free and democratic country, the government and people are not at war with each other like it was during British period. Or something like cold war is going on between government and people, like the one between NATO and Warsaw Pact nations where both adopted different bores so that one could not use the captured arms or ammunition."" Prohibited arms "" should be reclassified as ''Govt bores''' and nobody except govt forces should be having them and vise versa i.e. no civilian bores in the hands of govt forces.
I do not think so because there are countless work arounds and loopholes to this. On the contrary may mean more troubles for "ordinary" people like you and me.This will aid in crime detection, ballistics, insider jobs,and will put an end to fake killings and act as a deter ant for outlaw- lawmen.
indiaone wrote:As you all know there is a distinction between Prohibited Arms and Prohibited bore Arns. The present amendment is aimed at those persons who face trial for causing death by the use of Prohibited Arms.At present it is mandatory to award the death sentence, in all cases where Proh ibited Arms are used by the accused for killing any person.
In recent years, considerable amount of Prohibited Arms like AK-47, INSAS,LMG,9mm Carbine etc have been looted by insurgents by conducting raids on police stations or by ambushing police and pare military personnel in the Maoist infested areas of the country. Earlier this problem was confined only in J&K and in the North Eastern States. However, during the last five years looting of such arms have also taken place in Bihar, Jharkhand, Orissa and West Bengal etc. In course of retaliatory action by the State forces, now we have a number of Maoist and other insurgents have been apprehended by the State forces. Some of them will soon be Court facing trial for killing of members of the security forces or of civilians.
The proposed amendment to the Act will give discretion to the Court in deciding whether Death Sentence or Life sentence should be awarded to a particular person.
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