Section 27 of the Arms Act, 1959: Punishment for Using Arms or Ammunition
Section 27 of the Arms Act, 1959 prescribes punishment for the unlawful use of arms or ammunition in contravention of Section 5 and for the use of prohibited arms or prohibited ammunition in contravention of Section 7. Sub-section (3) deals with cases in which prohibited arms, prohibited ammunition, or an act in contravention of Section 7 results in the death of another person.
Section 27: Punishment for using arms, etc.
Section 27(1): Whoever uses any arms or ammunition in contravention of Section 5 is punishable with imprisonment for a term of not less than three years, which may extend to seven years, and is also liable to fine.
Section 27(2): Whoever uses any prohibited arms or prohibited ammunition in contravention of Section 7 is punishable with imprisonment for a term of not less than seven years, which may extend to imprisonment for life, and is also liable to fine.
Section 27(3): Whoever uses any prohibited arms or prohibited ammunition, or does any act in contravention of Section 7, and such use or act results in the death of another person, is punishable with imprisonment for life or death and is also liable to fine.
| Provision | Conduct covered | Punishment |
|---|---|---|
| Section 27(1) | Use of arms or ammunition in contravention of Section 5 | Minimum 3 years, up to 7 years, and fine |
| Section 27(2) | Use of prohibited arms or prohibited ammunition in contravention of Section 7 | Minimum 7 years, up to imprisonment for life, and fine |
| Section 27(3) | Use of prohibited arms or prohibited ammunition, or an act contrary to Section 7, resulting in death | Imprisonment for life or death, and fine |
What is a contravention of Section 5?
Section 5 regulates the manufacture, sale, transfer, conversion, repair, test and proof of arms and ammunition. Broadly, the provision requires the prescribed licence for activities covered by it. Section 27(1) is attracted when arms or ammunition are used in contravention of Section 5.
The exact applicability of Section 5 depends on the nature of the activity, the weapon or ammunition involved, the licence position, and the facts proved in the particular case.
What is a contravention of Section 7?
Section 7 imposes prohibitions relating to prohibited arms and prohibited ammunition. Subject to the statutory exceptions and authorisations, it restricts their acquisition, possession, manufacture, sale, transfer, conversion, repair, test and proof.
Section 27(2) concerns the use of prohibited arms or prohibited ammunition in contravention of Section 7. Section 27(3) applies where the specified use or act results in the death of another person.
Relevant definitions under the Arms Act, 1959
Prohibited ammunition
The Act defines prohibited ammunition to include ammunition containing, or designed or adapted to contain, specified noxious substances and other ammunition that may fall within the statutory definition or be notified as prohibited ammunition.
Prohibited arms
Prohibited arms include specified automatic firearms, weapons designed or adapted for the discharge of noxious liquid, gas or similar substances, certain military-type firearms, and other arms that the Central Government may notify as prohibited arms.
For the precise and current statutory wording, consult the official text of the Arms Act, 1959 and notifications issued under it.
Arms (Amendment) Act, 2019 and Section 27(3)
Section 10 of the Arms (Amendment) Act, 2019 amended Section 27(3) by replacing the earlier words prescribing death with wording that permits punishment with imprisonment for life or death and also makes the offender liable to fine. The 2019 amendment came into force on 14 December 2019.
Supreme Court ruling on the earlier mandatory death sentence
In State of Punjab v. Dalbir Singh, the Supreme Court held the earlier mandatory death-penalty provision in Section 27(3) unconstitutional and void because it deprived the court of sentencing discretion and was inconsistent with Articles 14 and 21 of the Constitution.
The decision concerned the pre-2019 mandatory death wording. Parliament later amended Section 27(3) in 2019 so that the statutory punishment is imprisonment for life or death, together with fine.
Official legal sources
The consolidated Arms Act, 1959 is available through the India Code official text. The Ministry of Home Affairs also publishes the Arms Act, 1959 and the Arms (Amendment) Act, 2019.
This page is intended as a legal information resource. In an individual criminal case, the applicable charge, proof requirements, sentencing consequences, and interaction with other penal provisions depend on the facts, evidence, date of occurrence, and the law applicable on that date.