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Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 8:30 pm
by HydNawab
Someone had given me a copy of this letter issued by the Dy. Commissioner of Police, North Zone Secunderabad to an Arms License holder.
It states:
GOVERNMENT OF ANDHRA PRADESH
(Police Department)
Office of the
Dy. Commissioner of Police,
North Zone - Secunderabad.
Dated: 7-10-1993
No. NZ/Camp/82/1993
Sir,
This is to request and urge you to utilize your weapon in self defence ( As per the provisions of Section 100 I.P.C ) against Dacoits, Robbers, Thieves and extremists whenever your life or property is in danger of attack by them. Your right to self defence, extends to the point of killing the offenders during commission of such offence. You have the assurance of total legal protection in the event of exercising the right to self defence with your weapon against the said culprits.
Yours Faithfully.
Sd/-
Dy. Commissioner of Police,
North Zone - Secunderabad.
LETTER ENDS
This was not issued to any politician or a government officer but a regular joe who has a genuine threat to his life from naxalites.
Sorry couldnt get the letter uploaded since my scanner is giving me trouble. Will try to upload it ASAP.
Cheers
Ashar
Re: Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 8:58 pm
by lazybones
Interesting letter Ashar. I'm not a legal eagle but as far as I know the use of deadly force to protect property is not a statutory right in India (as it is in the US). IFG lawyers please comment.
Ashok
Re: Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 9:13 pm
by HydNawab
Ashok,
Just passing on the information mate. As you mentioned, the IFG lawyers might be able to give us a better perspective.
Cheers
Ashar
Re: Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 9:39 pm
by penpusher
lazybones wrote:Interesting letter Ashar. I'm not a legal eagle but as far as I know the use of deadly force to protect property is not a statutory right in India (as it is in the US). IFG lawyers please comment.
Ashok
IPC grants you that right.You can use deadly force to not only protect your own life and property but also that of others.
PS-I am not a lawyer but have studied law
Re: Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 10:25 pm
by BJL
Penpusher- Is that similar to a "stand your ground" law?
That is an interesting letter Ashar. It'd be great to know any interactions with your friend and the DCP after the letter.
Re: Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 10:45 pm
by penpusher
BJL wrote:Penpusher- Is that similar to a "stand your ground" law?
What is that?
As per law in India,if your life and/or property or those of others is in danger,you can use deadly force.However you would need to prove that a) such a threat existed and b) that the force used was not excessive.
Re: Interesting letter by DCP to Arms License holder
Posted: Thu Apr 16, 2009 11:26 pm
by BJL
Basically the same thing then. Gives you the right to stand your ground and defend yourself/your property.
http://en.wikipedia.org/wiki/Castle_Doctrine
Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 12:02 am
by goodboy_mentor
There are many fine points of law and lot dpends on them, how good is your lawyer, how well the case is presented in court etc.
Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 12:18 am
by TenX
I know of a lady who was arrested and jailed for 6 years because she broke a rapist's head with an LPG gas stove. Forget arms, but the way the court saw it was more of murder than defence!
In whatever the case may be, I guess a lot is on stake about how much of the self-defence aspect is proved in court.
Like goodboy_mentor stated above, maybe there are far too many clauses to make any amendment feel secure in place.

Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 9:02 am
by Olly
Well,, it boils down to how competent your lawyer is and whether or not you have witnesses to stand for you...
Intervention in preventing a cognizable and non-bailable offence is usually appreciated by the Courts...
Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 9:19 am
by mundaire
...And I know of a lady who stabbed to death an intruder & was hailed as a heroine by the cops...
The way it happened was this: The couple were alone at home (their ages at the time would have been mid-late 50's), the husband was fast asleep having taken his prescription sleeping pills when she heard a noise downstairs. She came down to investigate and noticed a pair of shoes sticking out from under the drawing room curtain, so she quietly went to the kitchen, picked up the longest knife she could find, came back and stabbed the curtain with all her might! The intruder was declared dead on arrival at the hospital....
Cheers!
Abhijeet
Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 4:57 pm
by amk
I applaud this lady's courage and strength.
Honestly, I have at many times thought about this situation. If someone attacked me for whatever motive; be it robbery, road rage, etc. and I use my gun to protect myself I would be looked upon as a criminal in the eyes of the police and also THE MEDIA. At times I wonder whether possessing a licensed firearm is more dangerous than not having one.
AMK
Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 5:54 pm
by mundaire
AMK,
Buddy, it's better to face the hassles thrown at you by the media & lawyers than to be six feet under... at least you know those hassles will not last forever, whereas in the other case forever really does mean forever!
Cheers!
Abhijeet
Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 6:09 pm
by cottage cheese
mundaire wrote:...And I know of a lady who stabbed to death an intruder & was hailed as a heroine by the cops...
The way it happened was this: The couple were alone at home (their ages at the time would have been mid-late 50's), the husband was fast asleep having taken his prescription sleeping pills when she heard a noise downstairs. She came down to investigate and noticed a pair of shoes sticking out from under the drawing room curtain, so she quietly went to the kitchen, picked up the longest knife she could find, came back and stabbed the curtain with all her might! The intruder was declared dead on arrival at the hospital....
Cheers!
Abhijeet
...also have a close friend who broke the butt of his Harrington&Richardson SBBL on a dacoits' head and killed him...when the gang came to rob his coal depot.
Cops and locals were somewhat pleased and there was no legal complication...in fact I made a new stock for him!

Re: Interesting letter by DCP to Arms License holder
Posted: Fri Apr 17, 2009 6:23 pm
by amk
mundaire wrote:AMK,
Buddy, it's better to face the hassles thrown at you by the media & lawyers than to be six feet under... at least you know those hassles will not last forever, whereas in the other case forever really does mean forever!
Cheers!
Abhijeet
I know, but the attitude towards RKBA here in Mumbai is really discouraging. Even after the 26/11 incident people and police here think arming ordinary responsible citizens here is signing a death warrant for the country.
The hassles in obtaining licenses (I'm blessed to have got mine), ammo and guns situation, lack of shooting ranges, the attitude of the authorities, etc.... it's all just so depressing.
I don't know how I will react if I ever had to make the decision to draw my gun, I guess no one knows how they would react. Will we freeze, will we shoot, will we run.
Coming back to the question in point, if someone holds me up or enters my house with a motive to rob me under any circumstances; I guess I would think if can I give him/them what he/they want and get rid of them or should I fight back and be treated like a criminal by the authorities. We live in a crazy world!!!
AMK