Section 35 of the Arms Act, 1959: Criminal Responsibility in Jointly Occupied Premises
Section 35 of the Arms Act, 1959 addresses situations where arms or ammunition connected with an offence are found in premises, a vehicle or another place that is jointly occupied or jointly controlled by several persons.
Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone.
What Section 35 means
The provision deals with shared possession or control. Where several persons jointly occupy or jointly control a premises, vehicle or other place, the mere fact of joint occupation is not the only statutory consideration. The section additionally refers to each person in respect of whom there is reason to believe that the person was aware of the existence of the arms or ammunition.
| Element | Section 35 requirement |
|---|---|
| Arms or ammunition | They must be connected with an offence under the Arms Act that has been or is being committed. |
| Location | The arms or ammunition must be found in premises, a vehicle or another place. |
| Joint occupation or joint control | The location must be jointly occupied or jointly controlled by several persons. |
| Awareness | There must be reason to believe, in relation to the person concerned, that the person was aware of the existence of the arms or ammunition. |
| Rebuttal | The provision expressly states "unless the contrary is proved", allowing the statutory presumption to be rebutted. |
Importance of awareness under Section 35
Section 35 is not framed as an automatic rule making every person present at a jointly occupied place liable. The statutory wording links liability to a person in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition.
Once the statutory conditions operate, the person may be liable for the relevant Arms Act offence in the same manner as if that offence had been or was being committed by that person alone, unless the contrary is proved.
Meaning of "unless the contrary is proved"
The closing words of Section 35 create a rebuttable statutory presumption. They do not make the factual circumstances irrelevant. The provision itself requires joint occupation or joint control, the presence of arms or ammunition connected with an Arms Act offence, and reason to believe that the particular person was aware of their existence.
Relationship with other Arms Act provisions
Section 35 should be read with the provision creating the underlying Arms Act offence. Depending on the facts, provisions dealing with unlawful possession, prohibited arms, licence contraventions, search, seizure, confiscation or cognizability may also become relevant.
This page provides the statutory text and a general explanation for legal information. Liability under Section 35 depends on the facts of the case and the underlying offence alleged under the Arms Act, 1959.