Forensic Justice

LLM

CA 3

2nd SEMESTER

(2023-2024)

Topic- "Firearms and Cartridges Related Evidences in Indian

Law: An Analysis"

Submitted to- Dr. Tanvi Yadav Submitted by-

Shubham Kumar
Shubham Kr. Singh
Tanya Sood

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 Abstract

Firearms and cartridges are significant elements in forensic investigations, especially in criminal
cases involving violence or illegal activities. In Indian law, the handling, possession, and use of
firearms are strictly regulated under various statutes and regulations. Understanding the
evidentiary value of firearms and cartridges is crucial for legal practitioners, law enforcement
officials, and forensic experts to ensure justice is served. This assignment delves into the legal
framework surrounding firearms and cartridges in India and examines their evidentiary
importance in criminal investigations.

INTRODUCTION

Firearms and cartridges hold paramount importance in forensic investigations, particularly in

criminal cases entailing violence or illicit activities. In the context of Indian law, the regulation
of firearms, encompassing their handling, possession, and usage, is governed by a meticulous
framework comprised of statutes and regulations. This regulatory framework is designed to
uphold public safety, deter criminal activities, and ensure responsible firearm ownership.
Recognizing the pivotal role that firearms and cartridges play in criminal proceedings, it
becomes imperative for legal practitioners, law enforcement officials, and forensic experts to
comprehend their evidentiary significance. By understanding the legal intricacies surrounding
firearms and cartridges, stakeholders can effectively navigate the complexities of criminal
investigations, thereby facilitating the administration of justice.

At the core of this understanding lies the Arms Act of 1959, which provides comprehensive
guidelines pertaining to the possession, acquisition, manufacture, sale, import, export, and
transport of firearms and ammunition within the Indian jurisdiction. Complementing this
legislation are provisions within the Indian Penal Code (IPC) and the Criminal Procedure Code
(CrPC) that address offenses related to the unlawful possession, use, and carrying of firearms,
prescribing corresponding penalties.

Moreover, the Indian Evidence Act of 1872 delineates the admissibility and relevance of
evidence in judicial proceedings, including evidence germane to firearms and cartridges. These
legal instruments collectively form the backbone of the legal landscape governing firearms in
India.

Against this backdrop, the evidentiary importance of firearms and cartridges becomes apparent.
Firearms and cartridges retrieved from crime scenes often serve as crucial pieces of evidence,
aiding in the establishment of connections between suspects, victims, and crime scenes.
Through meticulous ballistic analysis, forensic experts can glean valuable insights into the type
of weapon used, bullet trajectories, and potential suspects, thereby bolstering the investigative
process. Furthermore, forensic examinations may unveil fingerprints, DNA evidence, or other
trace elements that could be instrumental in identifying perpetrators or corroborating witness
testimonies.1

1
https://blog.ipleaders.in/expert-witnesses-under-the-indian-evidence-act-1872/

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In essence, a nuanced understanding of the legal framework surrounding firearms and cartridges
is indispensable for ensuring the effective prosecution of criminal offenses and upholding the
principles of justice within the Indian legal system. Through this assignment, we endeavor to
explore the multifaceted dimensions of firearms-related evidences, shedding light on their
significance in criminal investigations and their broader implications for law enforcement and
judicial proceedings.

Theoretical Frameworks

In India, Legal Framework:

1. Arms Act, 1959: Provides regulations for the possession, acquisition, manufacture, sale,
import, export, and transport of arms and ammunition.
2. Indian Penal Code (IPC): Contains provisions related to the unlawful possession, use,
and carrying of firearms, and prescribes penalties for offenses.
3. Criminal Procedure Code (CrPC): Outlines procedures for the investigation and trial
of criminal offenses, including those involving firearms.
4. Indian Evidence Act, 1872: Governs the admissibility and relevancy of evidence in
court proceedings, including evidence related to firearms and cartridges.2

The legal framework surrounding firearms and cartridges in India comprises several key statutes
that regulate their possession, use, and handling, as well as the procedures for investigating and
prosecuting offenses related to them. Here is an overview of each statute:

1. Arms Act, 1959: This act serves as the primary legislation governing firearms and
ammunition in India. It establishes regulations regarding the possession, acquisition,
manufacture, sale, import, export, and transport of arms and ammunition. The Act
classifies firearms into different categories based on their lethality and usage, and it
mandates licensing requirements for individuals and entities seeking to possess firearms
lawfully. Additionally, the Arms Act outlines penalties for violations of its provisions,
including unauthorized possession or use of firearms.

2. Indian Penal Code (IPC): The IPC contains provisions that specifically address
offenses related to firearms. Sections such as 25 to 30 of the IPC deal with the unlawful
possession, use, and carrying of firearms, including provisions for punishing offenders.
For example, Section 25 prohibits the possession of firearms without a license, while
Section 27 prohibits the use of firearms with the intent to commit a crime. These
provisions play a crucial role in deterring and prosecuting individuals involved in illegal
firearm-related activities.

3. Criminal Procedure Code (CrPC): The CrPC outlines the procedural aspects of

2
1. THE VALUE OF EXPERT EVIDENCE. By ARDEMUS STEWART.

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 criminal investigations and trials, including those involving firearms offenses. It
provides guidelines for law enforcement agencies regarding the gathering of evidence,
arrest and detention of suspects, and submission of charge sheets to the court.
Additionally, the CrPC lays down procedures for conducting trials, including the
examination of witnesses and presentation of evidence before the court. In cases
involving firearms, the CrPC ensures that investigations are conducted thoroughly and in
accordance with the principles of due process.

4. Indian Evidence Act, 1872: The Indian Evidence Act governs the admissibility and
relevancy of evidence in judicial proceedings, including evidence related to firearms and
cartridges. It establishes rules regarding the presentation and examination of evidence,
including expert testimony on matters such as ballistic analysis and forensic examination
of firearms. The Act also provides guidelines for the authentication and preservation of
evidence to ensure its integrity during trial proceedings. Additionally, the Indian
Evidence Act outlines the circumstances under which certain types of evidence may be
considered admissible or inadmissible in court.

Together, these statutes form a comprehensive legal framework that governs the possession,
use, and handling of firearms and cartridges in India, as well as the procedures for investigating
and prosecuting offenses related to them. Compliance with these laws is essential to ensure
public safety and uphold the rule of law in the country.3

Evidentiary Importance

1. Identification and Linkage: Firearms and cartridges recovered from crime scenes can
be crucial in establishing links between suspects, victims, and crime scenes.
2. Ballistic Analysis: Examination of firearms and cartridges through ballistic analysis can
provide valuable evidence regarding the type of weapon used, bullet trajectories, and
potential suspects.
3. Forensic Examination: Forensic examination of firearms and cartridges can reveal
fingerprints, DNA evidence, and other trace evidence that may assist in identifying
perpetrators.
4. Expert Testimony: Testimony from forensic experts regarding the characteristics and
analysis of firearms and cartridges can strengthen the prosecution's case in court.4

1. Identification and Linkage: Firearms and cartridges recovered from crime scenes serve
as crucial pieces of evidence in establishing connections between suspects, victims, and
crime scenes. By analyzing the markings, serial numbers, and other identifying features
of firearms and cartridges, investigators can determine if they match those involved in
previous crimes or if they are linked to known suspects. This process helps establish a
timeline of events and aids in building a cohesive narrative of the crime.

2. Ballistic Analysis: Ballistic analysis involves the examination of firearms and cartridges

3
https://www.vakilno1.com/legal-news/law-relating-expert-opinion-indian-evidence-act.html
4
http://www.legalservicesindia.com/article/1583/Experts-Opinion-and-its-admissibility-and-relevancy---Law-of-
Evidence.html

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 to gather evidence regarding the type of weapon used, the trajectory of fired bullets, and
potential suspects. This analysis can provide insights into the caliber and make of the
firearm, the distance from which the shots were fired, and the direction in which the
bullets traveled. By reconstructing the sequence of events through ballistic analysis,
investigators can narrow down suspects and corroborate witness testimonies, thereby
strengthening the case against the perpetrator.

3. Forensic Examination: Forensic examination of firearms and cartridges involves a

comprehensive analysis to uncover fingerprints, DNA evidence, and other trace
elements that may assist in identifying perpetrators. By collecting and analyzing such
evidence, forensic experts can establish a direct link between the firearm and the
individual who handled it. Additionally, the presence of trace evidence can provide
valuable insights into the circumstances surrounding the crime and help build a more
robust case against the accused.

4. Expert Testimony: Testimony from forensic experts regarding the characteristics and
analysis of firearms and cartridges plays a pivotal role in courtroom proceedings. By
presenting their findings and interpretations, forensic experts can educate the court on
the technical aspects of firearms-related evidence, including ballistic patterns, gunshot
residue analysis, and firearm functionality. This expert testimony not only adds
credibility to the prosecution's case but also assists the judge and jury in understanding
the significance of the evidence presented.5

In summary, the evidentiary importance of firearms and cartridges in criminal

investigations cannot be overstated. From establishing links between suspects
and crime scenes to providing scientific evidence in court, firearms-related
evidence plays a crucial role in ensuring that justice is served. Through
meticulous identification, analysis, and expert testimony, law enforcement
officials and forensic experts can effectively utilize firearms-related evidence to
bring perpetrators to justice and uphold the rule of law.

Case Studies w.r.t. Arms Act

Ganesh Chandra Bhatt v. District Magistrate

A writ petition asking for mandamus, directing the respondents to take into consideration the
petitioner’s application for a license to possess a revolver under the Arms Act of 1959, was
filed. The court granted the writ petition and ordered the respondents to grant the petitioner a
license to possess firearms. The court further decided that an application for a license to possess
a non-prohibited weapon must be resolved within three months, or it will be assumed to have
been approved.

5
https://www.theexpertinstitute.com/lay-witness-vs-expert-witness-opinions-primer/

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Kailash Nath v. State of U.P

A five-judge bench of the court ruled that granting an arms license is a privilege rather than a
right. The court noted that while every citizen has the right to apply for an arms license for the
purpose of defending themselves and their property, the state bears the primary responsibility
for these tasks. The court also noted that Article 21 of the Constitution, which guarantees the
protection of life and personal liberty, does not apply to the right to bear arms. The Act also
includes provisions for license renewal and for license variation, suspension, and revocation by
the relevant authority.
State of U.P. v. Jaswant Singh Sarna

The respondent was a licensed arms dealer. The respondent applied for a renewal of the license
after it expired. According to Sections 14(1)(b)(i)(3) and 15(3) of the Arms Act, 1959, the state
government declined the renewal, citing the respondent’s unfitness to hold the licenses.
Respondent filed a petition against the order, which was granted by the court, which also
ordered the state government to reevaluate Respondent’s application for renewal. The state
government filed an appeal against the court’s decision, but it was denied. In this instance, the
court also noted that the Arms Act of 1859 is a progressive piece of legislation that emphasizes
popular liberal viewpoints that were conspicuously lacking in the Arms Act of 1878.[12]

Gaya Din v. State

The applicant, who had been found guilty of possessing a pistol and ammunition under Section
19(f) of the Arms Act and sentenced to 18 months of hard labor, filed a revision petition. In his
not-guilty plea, the applicant refuted the claims that the handgun and ammunition were found
on him. The prosecution provided substantial proof of the previously mentioned recovery.
Based on the evidence at hand, the trial court found the applicant guilty in accordance with
Section 19(f) of the Arms Act and imposed the aforementioned sentence. He filed this revision
in the High Court after his appeal before the Sessions Court was denied. The applicant’s
conviction and sentence were upheld by the High Court, which rejected the revision.

Guljarsing v. State of Maharashtra

The applicants were found guilty of possessing a revolver as a weapon and ammunition in
accordance with Section 3 read in conjunction with Section 25(a) of the Arms Act, 1959. The
prosecution contended that the evidence seized from the applicants fit both the definition of
“arms” in Section 2(1)(c) of the Act and the definition of the term “ammunition” under Section
2(1)(b) of the Act. The accused, however, refuted these accusations and stated that the items
found weren’t real weapons or ammunition. After hearing from both sides and reviewing the
available evidence, the court concluded that the prosecution’s arguments were unpersuasive
because there is no evidence to support the claim that the items that were seized are “arms.”
Even though something might appear to be a “firearm,” it might turn out to be a showpiece or a
pointless device when put to the test. The court cleared the accused applicants as a result.[13]

Sanjay Dutt v. State through C.B.I.

It was discovered that the accused possessed an AK-56 rifle, which is forbidden by the 1959
Arms Act. Sections 3(3), 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act,
1987, as well as Sections 3 and 7 read in conjunction with Sections 25(1A) and (1B) of the
Arms Act, 1959, were the charges brought against him upon his arrest. Due to a lack of
evidence connecting the accused to terrorist activity, the TADA court cleared him under the

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Terrorist and Disruptive Activities (Prevention) Act; however, the Arms Act found him guilty
of unlawfully possessing a weapon. After being found guilty, he received a six-year prison
sentence. The Supreme Court heard the case after a special leave petition was filed, upholding
the TADA court’s ruling but reducing the man’s sentence to five years of hard labor for
unlawfully possessing weapons and ammunition.

Mahendra Singh v. State of West Bengal

In the appellant’s possession, a gun without a license or permit and a bag containing live
cartridges were found. Under Sections 25(1A) and 27 of the Act, the appellant was prosecuted,
found guilty, and sentenced to two years of rigorous imprisonment. His High Court appeal was
summarily dismissed, but the Court granted him special permission to appeal. The Court
decided that it was not possible to conclude that the appellant did not know or intend for the
firearms to be in his possession based on the evidence that was on file. As a result, Section
25(1A) justified his conviction. Nevertheless, his conviction under this section is unsupportable
because there is no evidence to back up the conviction for the offense under Section 27.6

Admissiblility of Expert Evidence

HIn Ramesh Chandra Agrawal v. Regency Hospital Ltd. & Ors. (2009 INSC 1569), the Court
held that the first and foremost requirement with respect to the admissibility of expert evidence
is the necessity to hear such evidence. The real test is that the matter is outside the knowledge
and experience of a layman.

Admissibility of ballistic expert opinion

• In Mohinder Singh v. The State (AIR 1953 SC 415), the Court was of the opinion that in
cases where firearms were used in the perpetration of a crime, the prosecution ‘must’ bring
expert evidence to connect the injuries with the weapon and its alleged manner of use.

• In Rchhpal Singh v. State of Punjab (AIR 2002 SC 2710) the Court held that in cases where
injuries are caused by fire arms, the opinion of ballistic experts play a lot of importance. Failure
to produce the expert opinion before the trial court also the credit worthiness as well.

• In the case of Ajay Singh v. State of Bihar (AIR 2000 SC 3538), the Court cleared the notion
that ballistic expert opinion is mandatory. The Court stated that in cases where direct evidence
is unimpeachable, expert opinion is not essential. However, in cases where this is an
inconsistency, direct evidence is not available or even to collaborate oral evidence, such expert
opinion can be used.7

The exception to the general rule of evidence by including expert evidence has played a huge
role in the effective administration of justice in India. The opinions of ballistic experts have
helped prove the guilt of the accused in various cases as well. In India, the presence of guns

6
1. NOSHIRVAN H. JHABVALA. THE INDIAN EVIDENCE ACT (ACT 1 OF 1872). 107 (2013)
7
https://mylawyersadvice.com/evidentiary-value-of-a-ballistic-report-in-a-criminal-trial-lawyers-advice/

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obtained illegally and their misuse is common even today. The Indian legislature needs to adopt
stringent laws on the basis of ballistics in order to strengthen criminal investigations and reduce
the gun crime rate.

Challenges and Future Directions:

Forensic Capacity: Limited forensic facilities and expertise pose challenges in conducting
thorough examinations of firearms and cartridges.

Legal Loopholes: Gaps in legislation and enforcement may undermine efforts to curb illegal
possession and use of firearms.

Technological Advancements: Integration of advanced forensic technologies, such as automated

firearm identification systems, can enhance the efficiency and accuracy of investigations.

Capacity Building: Investments in training and capacity building for law enforcement and
forensic personnel are essential to improve the handling and analysis of firearms-related evidence.

1. Forensic Capacity: Limited forensic facilities and expertise pose significant challenges
in conducting thorough examinations of firearms and cartridges. In many regions,
especially rural areas, forensic laboratories may lack the necessary equipment, resources,
and skilled personnel to conduct comprehensive analyses. This limitation can lead to
delays in processing evidence, compromising the integrity of investigations, and hindering
the delivery of justice. Addressing this challenge requires investments in expanding
forensic infrastructure, including the establishment of well-equipped laboratories and the
recruitment and training of forensic experts specialized in firearms examination.

2. Legal Loopholes: Gaps in legislation and enforcement can undermine efforts to curb
illegal possession and use of firearms. Inconsistent or outdated laws may fail to adequately
address emerging challenges in firearm regulation, such as the proliferation of illicit
firearms trafficking and the use of unregistered weapons in criminal activities. Moreover,
lax enforcement of existing laws may enable individuals to circumvent legal requirements
for firearm ownership, leading to an increase in illegal firearms proliferation. Closing
legal loopholes and strengthening enforcement mechanisms are essential to effectively
combatting firearm-related crimes and enhancing public safety.

3. Technological Advancements: The integration of advanced forensic technologies, such

as automated firearm identification systems, holds immense potential to enhance the
efficiency and accuracy of investigations. Automated systems utilize digital imaging and
computer algorithms to compare ballistic signatures and match firearms to recovered
cartridge cases. By automating the process of firearm identification, these systems can
significantly reduce turnaround times and enhance the scalability of forensic
examinations. Additionally, advancements in DNA analysis, gunshot residue analysis,
and other forensic techniques can provide valuable insights into firearms-related evidence,
further bolstering investigative capabilities.

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 4. Capacity Building: Investments in training and capacity building for law enforcement
and forensic personnel are essential to improve the handling and analysis of firearms-
related evidence. Specialized training programs can equip personnel with the necessary
skills and knowledge to conduct thorough examinations, interpret findings accurately, and
present evidence effectively in court. Furthermore, ongoing professional development
initiatives can keep personnel abreast of advancements in forensic science and technology,
ensuring that investigative practices remain up-to-date and effective. By investing in
capacity building, authorities can enhance the overall quality and reliability of firearms-
related investigations, ultimately contributing to improved outcomes in criminal cases.

Conclusion

In conclusion, addressing challenges such as limited forensic capacity, legal loopholes, and
technological gaps, while investing in capacity building initiatives, are crucial steps toward
strengthening firearms-related investigations and enhancing public safety in India. By adopting
a comprehensive approach that encompasses legal reforms, technological innovations, and
human resource development, authorities can effectively tackle firearm-related crimes and
uphold the rule of law.

Firearms and cartridges play a significant role in criminal investigations in Indian law.
Understanding the legal framework and evidentiary importance of firearms and cartridges is
crucial for ensuring effective prosecution and justice delivery. Addressing challenges and
embracing advancements in forensic science can enhance the efficacy of investigations and
contribute to a safer society.

Firearms and cartridges constitute crucial elements in criminal investigations within the ambit
of Indian law. Their significance transcends mere physical objects; they serve as pivotal pieces
of evidence that often hold the key to unraveling complex criminal cases involving violence or
illegal activities. Understanding the legal framework governing firearms and cartridges, along
with their evidentiary importance, is paramount for legal practitioners, law enforcement
officials, and forensic experts alike.

By grasping the intricate nuances of laws such as the Arms Act of 1959, the provisions of the
Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act of
1872, stakeholders can navigate the complexities of firearm-related cases with precision and
clarity. These statutes not only regulate the possession, use, and handling of firearms but also
establish guidelines for the admissibility and relevance of firearms-related evidence in court
proceedings. This foundational understanding ensures that investigations are conducted within
the bounds of the law, thereby facilitating effective prosecution and ultimately leading to justice
being served.

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However, the efficacy of firearm-related investigations is often challenged by various hurdles.
Limited forensic capacity, legal loopholes, and technological gaps pose significant challenges
that must be addressed to enhance the effectiveness of investigations. Investments in expanding
forensic infrastructure, closing legal loopholes, integrating advanced forensic technologies, and
investing in capacity building initiatives for law enforcement and forensic personnel are
essential steps towards overcoming these challenges.

By addressing these challenges and embracing advancements in forensic science and

technology, Indian authorities can enhance the efficacy of firearm-related investigations,
leading to improved outcomes and a safer society. By ensuring that perpetrators of firearm-
related crimes are brought to justice, the rule of law is upheld, public safety is safeguarded, and
communities are protected from the scourge of firearm-related violence and criminality. In
essence, a comprehensive approach that combines legal reforms, technological innovations, and
capacity building initiatives is imperative to achieve the shared goal of ensuring effective
prosecution and justice delivery in firearm-related cases within the Indian legal system.

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