Section 27: Punishment for using arms, etc.
Arms Act • Official Statutory Text & Practice Guide
Non-Bailable
Cognizable
Court of Session
Act 1959
(1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Form of Charge
Form of Charge under section 27(1)
I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:
That you,on or about the...............day of.............., at..............., used arms or ammunition, to wit,..............., in contravention of section 5 of the Arms Act, 1959, and thereby committed an offence punishable under section 27(1) of the Arms Act, 1959, and within my cognizance.
And I hereby direct that you be tried by this Court on the said charge.
(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.
Form of Charge
Form of Charge under section 27(2)
I,..............(name and office of the Court of Session),hereby charge you..............(name of the accused)as follows:
That you,on or about the...............day of.............., at..............., used prohibited arms or prohibited ammunition, namely,..............., in contravention of section 7 of the Arms Act, 1959, and thereby committed an offence punishable under section 27(2) of the Arms Act, 1959, and within my cognizance.
And I hereby direct that you be tried by this Court on the said charge.
(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with imprisonment for life, or death and shall also be liable to fine .]
Form of Charge
Form of Charge under section 27(3)
I,..............(name and office of the Court of Session),hereby charge you..............(name of the accused)as follows:
That you,on or about the...............day of.............., at..............., used prohibited arms or prohibited ammunition, namely,..............., or did an act, to wit,................, in contravention of section 7 of the Arms Act, 1959, and such use or act resulted in the death of other person and thereby committed an offence punishable under section 27(3) of the Arms Act, 1959, and within my cognizance.
And I hereby direct that you be tried by this Court on the said charge.
Legal Commentary & Landmark Judgments: Section 27
Section 27 of the Arms Act prescribes severe criminal penalties, including life imprisonment or the death sentence, for using any arms or ammunition in contravention of Sections 5 or 7 or for any unlawful purpose.
Under sub-section (3), where the use of any prohibited arms or ammunition results in the death of any other person, the offender is liable to punishment with death or imprisonment for life.
Section 27 operates as a composite charge alongside murder, attempted murder, or armed dacoity under the Bharatiya Nyaya Sanhita / Indian Penal Code. The mere act of brandishing or discharging an unlicensed weapon constitutes a completed offense under Section 27 even if the bullet misses the intended victim.