Bailable or Non-Bailable under Section 25(1A) of Arms Act, 1959.

Introduction

The Arms Act, 1959 is divided in various sections and section 25 of the Arms act covers illegal possession or manufacture of arms, sale transfer and use thereof. Section 25(1A) pertains to specified dangerous offences relating to prohibited arms and prohibited ammunition.

##Précis of Section 25(1A) : Arms Act

Any person who acquires, possesses or carries prohibited arms or prohibited ammunition in contravention of the Arms Act is punishable under section 25 (1A).

Prohibited arms are typically defined as specified weapons that are particularly limited under legislative terms and require special permission by the Central Government.

Contents1 Is Section 25(1A) Bailable or Non-Bailable?

In simple terms, Section 25(1A) of the Arms Act is non-bailable offence * *

The offence is triable by the Sessions Court since it involves prohibited arms or restricted ammunition and is punishable with death or life imprisonment, therefore entitling police custody instead of immediate bail to the accused. Competent court shall grant bail only after taking into consideration the facts and circumstances of the case.

Punishment Under Section 25(1A)

Not withstanding the above, a person convicted under Section 25(1A) may have to endure:

– Serving time for a period of minimum not less than 7 years.

In special circumstances may extend to permanently imprisoning him for life.

Court may also impose Fine

Punishment: The kind of punishment is based on type of crime and submissions made in the court.

Legal Consequences

An accused person may face:

Arrest and criminal investigation.

Confisca i armatim të armëve.

Criminal prosecution.

Problems in acquiring arms license in future

A significant effect on capability for employment or serving inside federal government

Rights of the Accused

The accused person has certain rights even in a non-bailable offence:

Right to legal representation.

Right to apply for bail before court.

Fair and impartial trial rights.

Right to challenge the evidence against you by prosecution.

The right to challenge the conviction.

Conclusion

Another serious provision relating to banned arms and ammunition is Section 25(1A) of the Arms Act, 1959. Normally not bailable, the punishment for this serious crime may be as severe as life imprisonment. If someone is accused of any case under this section, then he/she needs immediate help from a good criminal lawyer.