Arms--Unlawful Possession of Firearms-- Appearance Of Licensed Weapons In Social Media Photographs Of Third Party Does Not Constitute Offence Under Arms Act
Prosecution under Section 25(1-B)(a) of the Arms Act requires unlawful possession of firearms in contravention of licence conditions. Section 29(B) requires actual delivery or transfer of possession of arms to an unauthorised person. Neither provision is attracted where weapons merely appear in photographs of a third party without any allegation of unlawful possession or deliberate transfer. Absence of mens rea is fatal to prosecution under both provisions.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
