". . . the situation would be aggravated if ordinary people - acting on Mr Sharma's advice - took the law in their own hands." Bluddy peasants.
http://www.scmp.com/
Citizens advised to kill in self-defence
S. N. M. ABDI in New Delhi
A call by the New Delhi police chief for citizens to kill in self-defence without fear of being charged with murder has shocked the legal fraternity. Police Commissioner Ajai Raj Sharma gave the controversial advice to citizens at a public function on Thursday.
Leading criminal lawyers said although New Delhi had become the crime capital, with the highest number of daylight murders, robberies and rapes among the country's five biggest cities, the situation would be aggravated if ordinary people - acting on Mr Sharma's advice - took the law in their own hands.
"The commissioner obviously made those remarks to divert public attention from the failure of the police to tackle the sharp rise in all categories of heinous crimes, ranging from murders to kidnappings. But his proposal can only worsen the grim situation," legal expert P. N. Lekhi said.
Senior lawyer R. K. Anand said the police chief's casual proposition would lead to the misuse of the legal provisions of self-defence laid down in the Indian Penal Code (IPC).
Mr Sharma said people should not hesitate to kill criminals who break into their homes. In the last few years, hundreds of elderly people have been murdered and their homes looted by criminal gangs in the capital's posh residential areas.
"It is your right to shoot the criminal. Don't worry about the police harassing you later. A citizen who kills in self-defence will not be arrested," Mr Sharma said. "Necessary instructions have been given to all police stations in this regard."
But leading lawyer Shanti Bhushan said the policy advocated by Mr Sharma ran contrary to the IPC, which laid down that defensive action must be proportionate to the threat. "Leave alone the IPC, even commonsense says that you must first try to disarm the attacker rather than shoot him dead," Mr Bhushan said.
Other experts said the shoot-to-kill advice could be grossly misused for settling personal scores.
Published in the South China Morning Post. Copyright ©2000.
-- 30 --
From a previous TFL post - TFLPOST
A BRIEF SUMMARY OF FIREARM LAWS IN INDIA
1. A citizen is allowed upto three firearms or less on a license, renewable every three years after the initial one year probationary period.
2. No more than 100 rounds of ammunition can be purchsed in any calender year for self defense,& No more than 50 rounds can be possessed at one time with regard to handguns and Rifles.
3. For Shotguns the limit is 450 rounds per year and 100 at one time.
4. One cannot own more than one firearm of the same type.(No two revolvers etc.)
5. Non-prohibited calibers include,.380 .32,
.30luger,.25Auto,.22. Of these only .32 S&W short & Long, and .22LR are made in India.
6. Prohibited calibers include all military calibers and licensing is avilable from the Ministry of Home Affairs.
7. No provision for Full-Auto.(Illegal)
8. Weapons cannot be carried into Religious
gatherings, fairs or into the Assembly Hall or Secratariat(akin to State Capitol) or Airports.
9. During election time all weapons are to be deposited at the police station having jurisdiction over one's residence.
10. Importation of weapons & ammunition has been banned since 1984. Only legal method of importation is on a transfer of residence back to India, following a two year stay abroad, and owning the weapon for at least one year prior to importation.(Imported weapons may not be transfered to others during the importers lifetime.)
11. All firearms & ammo may be purchsed only after a license has been issued. The weapon has to be inspected by the Deputy Commissioner of Police(DCP) and entered into the License.Any purchse of ammo will be entered into the License by the Seller.
12. All weapon transfers need authorization from the DCP.
13. There are two types of licenses:
a.State License issued by the Commissioner of Police valid only in the state of issuance
b.All India License (which is a state license converted to All India coverage by the Home Secretary)
These can be again categorized into:
a.Non-prohibited class(Issued by the state)
b.Prohibited class(Issued by Ministry of Home Affairs)
14. Criminal Background check is compulsory.
Income per year has to be noted on the application and an Inspector of Police will perform an interview.
Comments:
1.State Licenses for non prohibited guns are extremely difficult to obtain and only people with a lot of influence or money, or buddies of the commissioner can get one.Licenses for prohibited weapons are even harder to get.
2. Since only 12 gauge and .32 S&W Long & Short and .22LR are made in India it would be logical to buy one of these calibers.
I am very interested in Australian and Philipino Firearms laws, if any of the TFL members can post them on this string I will be grateful.
Anand.
http://www.scmp.com/
Citizens advised to kill in self-defence
S. N. M. ABDI in New Delhi
A call by the New Delhi police chief for citizens to kill in self-defence without fear of being charged with murder has shocked the legal fraternity. Police Commissioner Ajai Raj Sharma gave the controversial advice to citizens at a public function on Thursday.
Leading criminal lawyers said although New Delhi had become the crime capital, with the highest number of daylight murders, robberies and rapes among the country's five biggest cities, the situation would be aggravated if ordinary people - acting on Mr Sharma's advice - took the law in their own hands.
"The commissioner obviously made those remarks to divert public attention from the failure of the police to tackle the sharp rise in all categories of heinous crimes, ranging from murders to kidnappings. But his proposal can only worsen the grim situation," legal expert P. N. Lekhi said.
Senior lawyer R. K. Anand said the police chief's casual proposition would lead to the misuse of the legal provisions of self-defence laid down in the Indian Penal Code (IPC).
Mr Sharma said people should not hesitate to kill criminals who break into their homes. In the last few years, hundreds of elderly people have been murdered and their homes looted by criminal gangs in the capital's posh residential areas.
"It is your right to shoot the criminal. Don't worry about the police harassing you later. A citizen who kills in self-defence will not be arrested," Mr Sharma said. "Necessary instructions have been given to all police stations in this regard."
But leading lawyer Shanti Bhushan said the policy advocated by Mr Sharma ran contrary to the IPC, which laid down that defensive action must be proportionate to the threat. "Leave alone the IPC, even commonsense says that you must first try to disarm the attacker rather than shoot him dead," Mr Bhushan said.
Other experts said the shoot-to-kill advice could be grossly misused for settling personal scores.
Published in the South China Morning Post. Copyright ©2000.
-- 30 --
From a previous TFL post - TFLPOST
A BRIEF SUMMARY OF FIREARM LAWS IN INDIA
1. A citizen is allowed upto three firearms or less on a license, renewable every three years after the initial one year probationary period.
2. No more than 100 rounds of ammunition can be purchsed in any calender year for self defense,& No more than 50 rounds can be possessed at one time with regard to handguns and Rifles.
3. For Shotguns the limit is 450 rounds per year and 100 at one time.
4. One cannot own more than one firearm of the same type.(No two revolvers etc.)
5. Non-prohibited calibers include,.380 .32,
.30luger,.25Auto,.22. Of these only .32 S&W short & Long, and .22LR are made in India.
6. Prohibited calibers include all military calibers and licensing is avilable from the Ministry of Home Affairs.
7. No provision for Full-Auto.(Illegal)
8. Weapons cannot be carried into Religious
gatherings, fairs or into the Assembly Hall or Secratariat(akin to State Capitol) or Airports.
9. During election time all weapons are to be deposited at the police station having jurisdiction over one's residence.
10. Importation of weapons & ammunition has been banned since 1984. Only legal method of importation is on a transfer of residence back to India, following a two year stay abroad, and owning the weapon for at least one year prior to importation.(Imported weapons may not be transfered to others during the importers lifetime.)
11. All firearms & ammo may be purchsed only after a license has been issued. The weapon has to be inspected by the Deputy Commissioner of Police(DCP) and entered into the License.Any purchse of ammo will be entered into the License by the Seller.
12. All weapon transfers need authorization from the DCP.
13. There are two types of licenses:
a.State License issued by the Commissioner of Police valid only in the state of issuance
b.All India License (which is a state license converted to All India coverage by the Home Secretary)
These can be again categorized into:
a.Non-prohibited class(Issued by the state)
b.Prohibited class(Issued by Ministry of Home Affairs)
14. Criminal Background check is compulsory.
Income per year has to be noted on the application and an Inspector of Police will perform an interview.
Comments:
1.State Licenses for non prohibited guns are extremely difficult to obtain and only people with a lot of influence or money, or buddies of the commissioner can get one.Licenses for prohibited weapons are even harder to get.
2. Since only 12 gauge and .32 S&W Long & Short and .22LR are made in India it would be logical to buy one of these calibers.
I am very interested in Australian and Philipino Firearms laws, if any of the TFL members can post them on this string I will be grateful.
Anand.
What if the gang isn`t armed? How many individuals does it take to make a gang? How many gang members does it take to beat an old lady to death with their hands? What if the Hindi version of Richard Widmark throws the old lady in the wheelchair down the stairs? He`s not armed so you can`t do anything. He must be a dumbocrat. Algore should have him as campaign manager.