Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Provision requiring sanction for prosecution in certain areas and not tn other area Constitution of India Criminal Trial Art. 14 Possession of unlicensed arms Sanction If discriminatory |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Trial—Possession of unlicensed arms Sanction— Provision requiring sanction for prosecution in certain areas and not tn other area—If discriminatory—Whether offending portion of provision can be removed and remaining portion allowed to stand—If invalidity of provision regarding sanction affects substantive provisions also—Indian Arms Act, 1878 (XI of 1878), Ss 19(1)( f), 29—Constitution of India, Art. 14.Section 29 of the Indian Arms Act, 1878, provided that for prosecution for an offence under s. 19(f) of the Act committed in the territories north of the Jumna and Ganga no sanction was required but sanction was required for the prosecution if the offence was committed in other areas, J was found in possession of an unlicensed firearm in Delhi, and though sanction under s. 29 was necessary, he was tried and convicted without obtaining such sanction. B was found in possession of an unlicensed firearm in Saharanpur and as no sanction under s. 29 was necessary for his prosecution he was tried and convicted without obtaining any sanction. The respondents contended that s. 29 offended Art. 14 of the Constitution and was unconstitutional. J contended that even if s. 29 was invalid in its operation as regards territories to the North of the Jumna and Ganga it was not invalid in its application to the other territories as the parts of s.29 were separate and severable. B contended that if the portion of s. 29 which offended Art. 14 was struck down the remaining portion was complete in itself and required sanction for prosecution in all cases, and that if s.29 was void in toto s.19 could not stand and also become void and unenforceable. Held, that s.29 Arms Act offended Art. 14 and was unconstitutional and as such no sanction was necessary for the prosecution of either J or B. The differentiation between the territories north of the Jumna and Ganga and the other territories had no relevance now to the object of the legislation. The differentiation had come into being an account of the fact that the largest opposition to the British Government in 1857 had come from the people to the north of the Jumna and Ganga and they had been disarmed. But now after more than a century conditions have changed and the distinction could not be sustained on any ground pertinent to the object of the law in quession. Held, further, that it was not permissible to strike out only the offending words from s. 29 and to read the section as requiring sanction for prosecution for offences in areas north of the Jamna and Ganga. The section could not be construed as for bidding what it expressly authorised. Nor could the section insofar as it required sanction for prosecution for offences committed in other territories be severed from the rest and held valid as that would’ necessarily again result in discrimination. The entire s. 29 must be struck down. Held, further, that s. 29 was severable from the other provisions of the Act and that its invalidity did not affect the Validity of s. 19. Section 19 was a substantive provision providing punishment for violation of ss. 14 and I5 and s. 29 was merely procedural and in general the invalidity of a procedural provision could not be held to affect the validity of a substantive provision. There was nothing in the Arm Act to take it out of the general rule. Section 29 was intended for giving protection to the subjects against frivolous and vexatious prosecutions but sanction was not one of the elements of the under offence s, 19(f)- It could not be said that the legislature would not have enacted the law without the protection afforded by s. 29. |
Judge | Hon'ble Mr. Justice T.L Venkatarama Aiyyar |
Neutral Citation | 1962 INSC 190 |
Petitioner | Jia Lal |
Respondent | The Delhi Administration |
SCR | [1963] 2 S.C.R. 864 |
Judgement Date | 1962-05-03 |
Case Number | 69 |
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