Punishment for use and possession of firearms or imitation firearms in certain cases
Section 28 of the Arms Act, 1959 deals with punishment for use and possession of firearms or imitation firearms in certain cases. 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 t The Act came into force on 01 Oct 1962.
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 1 [and with fine.]
Explanation.―In this section the expression "imitation firearm" has the same meaning as in section 6
Section 28, The Arms Act, 1959 (Act 54 of 1959).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of U. P vs Virendra Prasad
Court's Decision & Legal Precedent
When an accused deliberately and intentionally discharges a firearm at law enforcement personnel multiple times from close range with the clear intention to hit them, and as a result one person is killed and others are seriously injured, the act constitutes murder under Section 300 clause (3) IPC, not culpable homicide under Section 304 Part II IPC. The essential distinction lies in whether the bodily injury inflicted is 'sufficient in the ordinary course of nature to cause death' (Section 300) versus merely 'likely to cause death' (Section 299). When a firearm is deliberately discharged at close range with multiple rounds fired at specific targets with clear intention to cause harm sufficient to cause death, the injury is objectively sufficient to cause death in ordinary course of nature, meeting the four-element Virsa Singh test for murder. The High Court was not justified in altering the Trial Court conviction based on misreading of evidence without any material support for its alternative interpretation.
On this section: Use of firearm in commission of offence, applied to both Ram Prasad and Virendra Prasad
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 28
What have the courts held on Section 28 of the Arms Act?
State of U. P vs Virendra Prasad (03 Feb 2004) is the leading judgment on this section among those set out below: Use of firearm in commission of offence, applied to both Ram Prasad and Virendra Prasad.
How do I find court cases under Section 28 of the Arms Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arms Act 28, section 28 Arms Act, section 28 of the Arms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of U. P vs Virendra Prasad (03 Feb 2004).
What should I read with Section 28 of the Arms Act, and has it changed?
Its own text turns on section 6 (Licence for the shortening of guns or conversion of imitation firearms into firearms), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 28 of the Arms Act come into force?
Section 28 of the Arms Act, cited as Arms Act 28, came into force on 01 Oct 1962, having been enacted on 23 Dec 1959. It is in force as at the date shown on this page.
Other sections of this Act
- 25. Punishment for certain offences1755 words
- 2. Definitions and interpretation734 words
- 44. Power to make rules681 words
- 24A. Prohibition as to possession of notified arms in disturbed areas, etc618 words
- 17. Variation, suspension and revocation of licences579 words
- 24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas etc560 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.