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 Home > LAW BOOKS > Criminal Law > Arms and Explosives > 4th Edition, 1985 with Supplement 1990 |
5
PREFACE TO THE FOURTH EDITION V
PREFACE TO THE FIRST EDITION VII
TABLE OF CASES XVII
Prefatory Observations 1
Introduction 1
Background for the Arms Act 54 of 1959 2
Report of the Joint Committee 2
Statement of Objects and Reasons for the Arms Act of 1959 3
Minutes of Dissent 4
Chart of some corresponding Provisions of the Indian Arms Act
(XI of 1878) and the Arms Act (No. 54 of 1959)
Crime detection on scientific lines 6
Ballistics 7
Infractions of law 8
Responsibilities of the crime investigator 8
Common man's conception of fire-arms 8
Difference between gun-shot wounds and other injuries 8
Expert's role in detection of crimes 9
Ingenious methods adopted by offenders 9
Gradual evolution of fire-arms 10
Weapons that come under fire-arms 11
Investigations in offences arising out of use of fire-arms 11
Fouling 11
Burrard's opinion 11
Gases and solids 12
Technicalities associated with fire-arms 12
Shells and cartridge cases 12
Percussion cap 12
Chamber and the cylinder 12
Projectiles for fire-arms 12
Incendiary bullets 13
Somersaulting or ricochet bullets 13
Examination of cartridge, etc., scientifically 13
Some words used in fire-arms terminology 13
Revolver 13
Striker 13
Charger 14
Nobeloy or Lubaloy 14
Lands 14
Hollow point and soft point bullets 14
Jacketed bullets 14
Tracer bullets 14
Extraction and ejection 14
Pistol Cordite 14
Flake 14
Shot 14
History of bullets 14
Pressure 14
Anvil 14
Authors and writers on fire-arms 15
Cannelure 15
Smudging 15
Tattooing 15
Range of a shot 15
''Crime'' bullet 16
Taylor's view 16
Science of connecting bullet with the weapon itself 18
A criminal's anti-civic antics adopt peculiar forms 18
Hesitation shots and their significance 18
Tracing crime of murder by examination of bones 18
Importance of photography in scrutiny of fire-arms parts 19
Identification of fire-arms is only an expert's job 19
Examining objects in situ with the aid of
photomicrography or infra-red photography 20
Information leading to discovery: Section 27, Evidence Act 21
Words that are provable 22
Statement about burying articles and producing the same 23
Section 27, Evidence Act, does not contravene Article 20(3) 23
Constitutionality of Section 27, Evidence Act
and Section 162(2), Cr.P.C. 23
Use of statement under Section 27, Evidence Act:
Hiding Ornaments 24
Hostile witness 24
Related witness 25
Interested witness 25
Injured witness 26
Solitary witness 26
Credibility of witness 26
Approver's evidence 26
Dogs identifying accused 26
Corroboration when necessary 27
Non-examination of witness 27
Issue-estoppel 27
Defence 28
Motive 28
Falsus in uno falsus in omnibus 28
Seizure memo 28
Evidence of Investigating Officer 28
Establishing identity of the fire-arm used 28
Wounds and weapons 29
Fire-arm injury 30
Expert's opinion: Value of 30
Conflict between prosecution case and expert's evidence 30
Circumstantial evidence 30
Stock witness: Principle 30
Retracted confession and value to be attached 30
Purpose of using statement under Section 145, Evidence Act 31
Position of a private expert 31
What can be called custody of the police 31
Test of circumstantial evidence 32
Trustworthiness of witnesses: How to determine 32
Notion about unsummoned witness 32
Normally the prosecutor should examine all the eye-witnesses 32
''Mens rea'' and principles governing it 32
Ballistic expert's evidence, when necessary and when not 34
Opinion of Medical Officer is at best an opinion 35
Medical evidence not supporting prosecution version 35
Medical Officer's opinion when conflicts with positive
evidence: Section 45, Evidence Act 35
Expert may not give reasons at great length 35
Expert: Non-examination of 35
Benefit of doubt 35
Statement of objects and reasons
as aid to construction of statute 36
Policy of statute as aid to proper construction 37
Preamble 37
Interpretation of statutes 39
Interpretation of statutes and duty of court 40
Interpretation of statutes and rules of grammar 41
Interpretation of amending and consolidating statute 41
Interpretation of rules 42
Interpretation of special Acts 42
Statute whether directory or mandatory 42
Mens rea 43
Constitutionality of the acts 43
Validity of rules 44
Retrospective or prospective 45
Intention of the Legislature 47
Construction of penal Acts 48
Titles 51
Headings 53
Proviso 53
Explanation 54
Illustration 55
Marginal or side notes 55
Punctuation 57
Mean and include 57
May as must or shall 58
Decisions under 1878 Act 58
Short title, extent and commencement 59
Definitions and interpretation 60
Licence for acquisition and possession
of fire-arms and ammunition 80
Licence for acquisition and possession of arms of
specified description in certain cases 83
Licence for manufacture, sale etc., of arms and ammunition 86
Licence for the shortening of guns or conversion of
imitation fire-arms into fire-arms 91
Prohibition of acquisition or possession, or of manufacture or
sale, of prohibited arms or prohibited ammunition 92
Prohibition of sale or transfer of fire-arms
not bearing identification marks 93
Prohibition of acquisition or possession by, or of sale or transfer to,
young persons and certain other persons of fire-arms etc. 96
Licence for import of arms etc. 98
Power to prohibit import or export of arms, etc. 101
Power to restrict or prohibit transport of arms 102
Grant of licences 103
Refusal of licences 106
Duration and renewal of licence 110
Fees, etc., for licence 112
Variation, suspension and revocation of licences 113
Appeals 135
Power to demand production of licence, etc. 139
Arrest of persons conveying arms,
etc., under suspicious circumstances 141
Deposit of arms, etc., on possession ceasing to be lawful 144
Search and seizure by Magistrate 149
Search of vessels, vehicles for arms, etc. 154
Seizure and detention under orders of the Central Government 154
Prohibition as to possession of notified
arms in disturbed areas, etc. 155
Prohibition as to carrying of notified arms in or
through public places in disturbed areas, etc. 157
Punishment for certain offences 168
Secret contraventions 255
Punishment for possessing arms, etc., with intent
to use them for unlawful purpose 263
Punishment for use and possession of fire-arms or imitation
fire-arms in certain cases 266
Punishment for knowingly purchasing arms, etc., from unlicensed
person or for delivering arms, etc., to person
not entitled to possess the same 268
Punishment for contravention of licence or rule 271
Punishment for subsequent offence 273
Power to confiscate 274
Offences by companies 279
Sanction of Central Government for warehousing of arms 289
Criminal responsibility of persons in occupation
of premises in certain cases 289
Information to be given regarding certain offences 294
Arrest and searches 295
Offence to be cognizable 301
Previous sanction of the District Magistrate
necessary in certain cases 302
Protection of action taken in good faith 312
Power to exempt 315
Power to take census of fire-arms 316
Power to delegate 317
Power to make rules 318
Act not to apply in certain cases 321
Repeal of Act XI of 1878 323
Preamble 493
Short title 498
Commencement 498
[Repealed] 499
Definitions 499
Power to make rules as to licensing of the manufacture,
possession, use, sale, transport, import and export of explosives 501
Persons already in business in respect of certain explosives to
carry on such business without licences for a certain period 502
Power for Central Government to prohibit the manufacture, possession
or importation of specially dangerous explosives 503
Prohibition of manufacture, possession, sale or transport
of explosives by young persons and certain other persons 503
Grant of licences 504
Refusal of licences 505
Licensing authority competent to impose conditions
in addition to prescribed conditions 505
Variation, suspension and revocation of licences 506
Appeals 507
Power to make rules conferring powers of inspection,
search, seizure, detention and removal 508
Notice of accidents 509
Inquiry into accidents 510
Inquiry into more serious accidents 511
Punishment of certain offences 511
Offences by companies 517
Forfeiture of Explosives 517
Distress of aircraft or vessel 517
Abetment and attempts 518
Power to arrest without warrant
persons committing dangerous offences 518
Saving and powers to exempt 518
Saving of Indian Arms Act, 1878 519
Saving as to liability under other law 519
Extension of definition of ''explosive'' to other explosive substances 519
Power to delegate 519
Procedure for making, publication and confirmation of rules 520
Short title, extent and application 522
Definition of ''explosive substance'' 522
Punishment for causing explosion likely
to endanger life or property 524
Punishment for attempt to cause explosion, or for making or keeping
explosive with intent to endanger life or property 525
Punishment for making or possessing
explosives under suspicious circumstances 526
Punishment of abettors 533
Restriction on trial of offence 534
Rules for the possession and use of explosives
prescribed in the Coal Mines Regulations, 1957 749
Extract of Coal Mines Regulations, 1957 749
Rules for the possession and use of
explosives prescribed in Metalliferous Mines 758
Ministry of Works, Mines and Power Rules regulating
the handling of Explosives in the Port of Calcutta 767
Notification 767
Rules regulating the handling of Explosives in the Port of Bombay 776
List of Authorised Explosives as on 31-3-1983 780
List of Testing Officers 788
Notifications under the Explosives Act, 1884 789
The Indian Arms Act, 1878 797
Punjab Disturbed Areas Act, 1983 810
The Chandigarh Disturbed Areas Act, 1983 812
The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983 814
The Prevention of Damage to Public Property Act, 1984 817
The Terrorist Affected Areas (Special Courts) Ordinance, 1984 820
The Criminal Procedure Laws (Punjab Amendment) Act, 1984 831
The Code of Criminal Procedure (Punjab Amendment) Act, 1983 833
SUBJECT INDEX 837
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