Without holding the information from the authority will be the only offence but it's very difficult to prove
Transfer of Arms or GUn on the basis of false claim or omission of facts
If A claims himself to be successor of B, and after the death of B get Guns or any Arms of B transferred to A’s name, however it turns out that there were other successor of B and A was aware of it and yet omitted this information from Licensing Authority, or hid this fact from Licensing Authority, so in such a situation if a complaint were to be lodged then what section of IPC and Arms Act would this attract?
Asked 4 years ago in Criminal Law
Religion: Hindu
9 Answers
Since License has been obtained by furnishing false information, License is invalid and person shall be booked u/s 3/25 of arms act and for furnishing false information u/s 177/200 IPC.
This will come under the cheating act and other sections of IPC.
The gun license authority will not grant the transfer of the license to him without obtaining the authentic documents for this purpose.
If they have done it by omitting to follow the prescribed rules in this regard, then they also can be implicated as parties to the criminal complaint, the police will initiate appropriate legal action as per law.
on demise of B legal heirs have to approach Supdt of police and submit death certificate along with original licence
2) weapon should be deposited with authorised arms dealer or nearest police station
3)legal heir has to make application for transfer of licence in his favour
4) no objection certificate from other legal heirs in form of affidavit has to be enclosed
5) affidavit is 'evidence' within the meaning of Section 191 IPC and a person swearing to a false affidavit is guilty of perjury
Well you have to file a complaint against him in the police station for possession of illegal arms and ammunition.
An application in this regard should also be filed with the district magistrate and after an enquiry only he can be charged.
Regards
See in that case the authority can cancel the license and further the authority shall file complaint before magistrate for mis-declaration under Arms act.
After the death of licensee, the license ceases. That is why the retainer rights also automatically cease to exist. If all other legal heirs have no objection, you will have to apply for fresh arms license or get it endorsed on existing license booklet under family heirloom category. This is the legal procedure as per Arms Act and its Rules.
According to Section 25 (1B), whoever has in his possession or carries any fire arm or ammunition in contravention of section 3 of the Act shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to three years and shall also be liable to fine.
Please note that any document which is submitted to any other parties as the general document which is forced action may be taken by the police and FIR under section 196 to 200 of IPC if you believe and have proof that the documents are forced then you have to file complaint with the police to investigate the matter and transfer of the weapon licence to in third person who is not authorised to get that
It would attract the section of submission of false affidavit and forged documents.
The case would be lodge under section 420,468,467,191 IPC
