LI Network
Published on: January 9, 2024 at 09:05 IST
The Allahabad High Court’s Lucknow bench highlighted that using a firearm in self-defense does not breach firearm license conditions.
Justice Subhash Vidyarthi ruled on the case filed by Sunil Dutt Tripathi, ordering the return of Tripathi’s pistol, asserting that firing in self-defense did not infringe upon Section 30 of the Arms Act.
Tripathi faced charges at the Ghazipur police station for allegedly firing with intent to harm others, although no injuries resulted from the incident. Despite this, charges were filed against him under various sections, including Section 30 of the Arms Act. Seeking the return of his licensed Glock pistol and cartridges, which were earlier denied by the lower court, Tripathi appealed to the High Court.
The High Court noted that only the accused had sustained injuries and referred to a co-accused’s sister’s statement, confirming that Tripathi intervened when another person was being attacked. When the attackers turned on Tripathi, he resorted to firing his licensed pistol into the air for self-defense.
The Court emphasized that although the Arms Act stipulates breaching license conditions as an offense, it was not explicitly stated how firing in self-defense violated any specific condition. Consequently, the High Court directed the immediate return of Tripathi’s pistol and cartridges in his favor.
