In an important verdict on a draconian provision in the Arms Act making capital punishment mandatory to a person for causing death in any non-Army or paramilitary operations by the weapons listed as “prohibitory” for civilians, the Supreme Court struck down the provision holding it as contrary to the principle of equality of law defined in Article 21 of the Constitution.
A bench of Justices A.K. Ganguly and J.S. Khehar said the provision of compulsory death penalty made in Section 27(3) of the Arms Act for any death caused from the prohibitory arm, other than the military and paramilitary operations, violated Article 21 of the Constitution, hence, be removed from the act.
The court said the provision of death penalty has been defined in Section 302 of the IPC, which deals with crime of murder but the discretion has been given to courts to award the capital punishment depending upon the nature of crime. But making the death mandatory for causing death from a special type of arms, took away the power of discretion from the courts to award the punishment as per the nature of the offence, which was basically contrary to the punishment policy defined under Article 21 of the Constitution.
“This court (SC) therefore holds that section 27(3) of the Arms Act is against the fundamental tenets of our constitutional law as developed by the Supreme Court,” the bench said.