Section 28 of The Arms Act 1959-Punishment for use and possession of firearms of limitation firearms in certain cases

Section 28 of The Arms Act 1959-Punishment for use and possession of firearms of limitation firearms in certain cases:

Whoever makes or attempts to make any use whatsoever or a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years [ [ Note: Subs. by Act 25 of 1983, s. 10 (w.e.f 22-6-1983). ] and with fine].

Explanation-In this section the expression "imitation firearm" has the same meaning as in section 6.

Comments

When the lower Courts have been convinced 'beyond reasonable doubt' by the PW's statement that the deceased died because of being fired upon by the accused, the conviction by such Courts is not bad in law and the reliance on PW need not be proved again [Hare Krishna Singh & Ors. v. State of Bihar; AIR 1988 SC 863].