Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years and with
fine .
Explanation.: In this section the expression imitation firearm has the same meaning as in section 6.
Form of Charge
Form of Charge under section 28
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..............., made or attempted to make use of firearm, namely,..............., or an immitation firearm, namely,..............., with intent to resist or prevent the lawful arrest or detention of yourself or other person and thereby committed an offence punishable under section 28 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 28
Section 28 penalizes the use or possession of firearms or imitation firearms with the specific criminal intention of resisting or preventing the lawful arrest or detention of oneself or any other person.
To dismantle a Section 28 charge arising out of an alleged 'police encounter', cross-examine the arresting officers on whether they were in uniform, whether they produced a warrant, and whether they informed the accused of the grounds of arrest under Section 50 CrPC / Section 47 BNSS. If the police party fired without justification, plead private defense under Section 96-106 IPC / Section 34-44 BNS.