Guns Licensed for Self Protection Cannot Be
Used For Celebratory Firing

1. Introduction

The act of firing a firearm into the air in celebration is known as celebratory gunfire. Even in countries where it is prohibited, it occasionally happens in Ethiopia, the United States, Latin America, the Middle East, South Asia, and the Balkans.

Arms being fired into the air in celebration is referred to as celebratory firing. Another name for it is celebratory gunfire or aerial firing. Celebratory firings occur frequently on special occasions like weddings, festivals (like Eid, Diwali, etc.), New Year's Eve, and political party election victories. Deaths and serious injuries to people and property have been the result of this. The death toll from celebrations involving aerial gunfire is high in India, particularly in the north. These incidents happen frequently.The possession of weapons and ammunition is governed by the Arms Act of 1959.[1]

2. Accident

The following are a few instances where the celebratory firing resulted in injuries:

1. While attending a marriage procession in Madhya Pradesh, a boy was killed by celebratory firing. During the aforementioned procession, a man opened fire in celebration, injuring a boy who was later pronounced deceased. There is a case open with the police.

2. A woman sustained injuries while watching the marriage procession from her terrace. During the march, someone started shooting in celebration, and the woman's elbow was struck by one of the shots.

3. A 10-year-old girl who was present at the wedding perished in the joyous firing. She had been recognized as the bride's cousin.

4. A 9-year child was killed in an incident of celebratory firing in U.P when he was attending a marriage function.

There are many more such incidents that have taken place. There are also some incidents where no injuries were caused to the public but the police had taken action the persons who have found indulged in celebratory firing.[2]

3. Case

BHAGWAN SINGH V. STATE OF UTTARAKHAND

Fact:

Following his son's marriage ceremony, the appellant unexpectedly opened fire with his licensed firearm in the courtyard of Default village in Uttarakhand. Five people who were standing in the courtyard were reportedly injured as a result of that. After being transported to the hospital, all of the injured patients passed away.The IPC's sections 302 and 307 were used to charge the appellant. The penalties for murder and attempted murder are covered in these sections, respectively. In addition to these, he was also charged under Arms Act section 25, which addresses the penalties for specific offenses.

Bhagwan Singh was found guilty of the offenses by the Sessions Court based on the testimony of eyewitnesses and witnesses who had been hurt. In addition to being fined Rs. 20,000, he was given a life sentence.

The appellant's main argument in his appeal to the High Court was that he had no intention of killing anybody. Additionally, he said that the shots were fired inadvertently when a ball was being played with by children and it collided with the gun he was holding. Therefore, he argued in front of the High Court that the entire incident was accidental rather than incidental.

Additionally, he suggested that he shouldn't be prosecuted under section302 and 307 as the act done by him was unintentional.

Judgment:

The court denied the appeal based on the facts and evidence that were presented to it. The appellant fired a gun with extreme carelessness, and he must have known that this could have killed or seriously injured someone. The appellant failed to take any reasonable precautions. The court dismissed the appeal based on these arguments.

Additionally, it was noted that the frequency of joyful gunshot incidents is rising quickly. The court decided that since licensed firearms are capable of causing deadly accidents, they cannot be used for the celebratory firing. Instead, they must be used for self-defence or for the safety and security of crops and cattle.

Part of the appeal was granted by the court. Sections 308 (attempt to commit culpable homicide) and 304 (punishment for culpable homicide not amounting to death) of the IPC replaced his conviction under sections 302 and 307 of the IPC. The trial court imposed a fine, which remained unchanged despite his harsh 10-year prison sentence.[3]

4. Conclusion

In India, celebratory firing is a common practice that has even become ingrained in some people's traditions. Mainly in rural areas, where people are accustomed to celebratory firing and occasionally receive support from local strongmen, enforcing the law would be challenging. The public must be informed of the laws pertaining to
celebratory firing in order for the law to be enforced. They must also be informed of the reasons why this practice must end. Though it may not have been written down specifically, the laws and practices were in place earlier. It's about time that procedures are followed and that incidents involving injuries and fatalities occur regularly. It is imperative that the public be made aware of this practice and that it be strictly enforced by law.

5. Citation

1. Introduction available at https://lawminuslaw.blogspot.com/2019/06/celebratory-firing-and-arms-act1959.html (Last visited on 8 December,2023 at 7:10 am)
2. Accident available at https://libertatem.in/blog/celebratory-firing-analysis/ (Last visited on 8 December,2023 at 9:00 am)
3. Case available at https://lexforti.com/legal-news/celebratory-gunshots-bylicensed-guns-for-self-protection-not-allowed/ (Last visited on 8 December,2023 at 10:17 am)