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Transfer arms used in suicide
Posted: Wed Mar 02, 2016 2:33 am
by vikash.5465
Hello everyone,
My father committed suicide last dec from his licencee .32 revolver. He also possessed one DDBL gun with licence (both AIV). On the day of his suicide, the police confiscated both his arms and their original licence.(we have the xeror with us). We filled a case under 306 against our uncle( currently under police investigation). Can I apply the transfer of arms under family heirloom provision??
Re: Transfer arms used in suicide
Posted: Wed Mar 02, 2016 9:16 am
by spin_drift
Sorry to hear about your father.
To answer your question, yes you can apply for a license under family heirloom.
Re: Transfer arms used in suicide
Posted: Wed Mar 02, 2016 9:29 am
by goodboy_mentor
Sorry to hear about the tragic loss. When a person commits suicide, it is usually only one weapon that is sufficient for the purpose and is used. Why police seized both the guns does not appear reasonable. Best person to give legal advise specifically on this matter would be your lawyer who is dealing with this case.
Having said this, generally speaking, when any crime is suspected to have been committed with any weapon, it is seized by the police and becomes a case property for purpose of evidence, doing forensic tests etc. etc. Once the court is satisfied that the purpose for the case has been served, it is restored to the lawful owner by following the legal procedures. Assuming that the weapon is no more needed for the case, normally the legal heir should get possession of the weapon after getting license under family heirloom category.
Re: Transfer arms used in suicide
Posted: Wed Mar 02, 2016 10:10 am
by aadhaulya
Police tend to keep 'case property' in custody till the case is cleared.
However, as per my understanding, it is not necessary for the Police to keep the case property in their possession as per the Supreme Court Order, as follows. The case property may be returned to the rightful owner after making a proper 'Panchnama' and then the 'Panchnama' may be used in place of the case property.
IN THE SUPREME COURT OF INDIA Decided On: 01.10.2002
Appellants: Sunderbhai Ambalal Desai and C.M. Mudaliar
Vs. Respondent: State of Gujarat
Hon'ble Judges: M.B. Shah and D.M. Dharmadhikari, JJ.
Extract
Criminal Procedure, which reads thus--
"451. Order for custody and disposal of property pending trial in certain cases.--
When any property is produced before any Criminal Court during any inquiry of trial, the
Court may make such order as it thinks fit for the property custody of such property
pending the conclusion of the inquiry or trial and, if the property is subject to speedy and
natural decay, or if it is otherwise expedient so to do, the Court may, after recording
such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation.-- For the purposes of this section, "property" includes
(a) property of any kind or document which is produced before the Court or which is in
its custody.
(b) any property regarding which an offence appears to have been committed or which
appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.-
(1) Whenever the seizure of property by any police officer is reported to a Magistrate
under the provisions of this Code, and such property is not produced before a Criminal
Court during an inquiry or trial, the Magistrate may make such order as he thinks fit
respecting the disposal of such property or the delivery of such property to the person
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entitled to the possession thereof, or if such person cannot be ascertained, respecting
the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be
delivered to him on such conditions (if any) as the Magistrate thinks fit and if such
person is unknown, the Magistrate may detain it and shall, in such case, issue a
proclamation specifying the articles of which such property consists, and requiring any
person who may have a claim thereto, to appear before him and establish his claim
within six months from the date of such proclamation."
5. Section 451 clearly empowers the Court to pass appropriate orders with regard to
such property, such as--
(1) for the proper custody pending conclusion of the inquiry or trial;
(2) to order it to be sold or otherwise disposed of, after recording such evidence as it
think necessary;
(3) if the property is subject to speedy and natural decay to dispose of the same.
6. It is submitted that despite wide powers, proper orders are not passed by the Courts.
It is also pointed out that in the State of Gujarat there is Gujarat Police Manual for
disposal and custody of such articles. As per the Manual also, various circulars are
issued for maintenance of proper registers for keeping the muddamal articles in safe
custody.
7. In our view, the powers under Section 451 Cr.P.C. should be exercised expeditiously
and judiciously. It would serve various purposes, namely:--
1. Owner of the article would not suffer because of its remaining unused or by its
misappropriation;
2. Court or the police would not be required to keep the article in safe custody;
3. If the proper panchnama before handing over possession of article is prepared, that
can be used in evidence instead of its production before the Court during the trial. If
necessary, evidence could also be recorded describing the nature of the property in
detail; and
4. This jurisdiction of the Court to record evidence should be exercised promptly so that
there may not be further chance of tampering with the articles.
Would like to have the comments of experts on my understanding.
Atul
Re: Transfer arms used in suicide
Posted: Fri Mar 04, 2016 11:21 am
by goodboy_mentor
Not an "expert" but your understanding is correct since Supreme Court judgments must be respected by lower courts as well as police. It is also true and common knowledge how much the establishment really respects courts and rule of law.
Re: Transfer arms used in suicide
Posted: Sun Mar 06, 2016 4:34 pm
by shooter
I am not a lawyer but I have studied the gun law in different countries.
In all the countries with registration the guns ( requiring registration) are confiscated by police in case of death of license holder.
This is irrespective of suicide homicide natural cause death disease death.
The reason is that the license holder is no more and guns can't be left to unlicensed people.
In the UK these guns are destroyed later.
A lot of people here give up guns in their seventies to prevent this.
There was also an article stating how to prevent this in our local shooting magazine.
If for whatever reason this confiscation is not done by the police then it's "wrong".
The purpose of license is that only the person holding the license should have access to the guns and no one else.
P. S. I personally don't agree with this and am also against registration of guns.
In your case if the gun was on your license and not used in the suicide then they shouldn't have confiscated it. But if it was only in your fathers name then all guns in his name could have been confiscated