Law: Criminal Procedure Code (V of 1898)

Section: 59(1)

Law: Pakistan Penal Code, 1860

Section: 100,101,103

Law: Arms Act, 1878

Section: 12,19

(a) Criminal Procedure Code (V of 1898), S. 59 (1)-Arrest by Private personas of one carrying unlicensed arms-When justified--Arms Act (XI of 1878), Ss. 12 and 19. According to Schedule II of the Code of Criminal an offence under section 19 of the Arms Act (XI of 1878) though cognizable is bailable, and, it follows, therefore, that the attempt by a private person to arrest one carrying an unlicensed arm is not justified by section 59 of the Code of Criminal Procedure. Under section 12 of the Arms Act, even a person carrying licensed arms may be apprehended by a private person provided the person, who wants to effect the arrest. has just grounds for suspect­ing that the arms are being carried with intent to use them or that they may be used for any unlawful purpose, and even with regard to unlicensed arms the section gives a private person no right to arrest, unless he entertains the suspicions mentioned above. (b) Penal Code (XLV of 1860), Ss. 100 sixthly, 101-Right of private defence against pursuers wanting to arrest one carrying unlicensed arms-Whether available to person to be arrested­-Extent. Clause sixthly of section 100 of the Pakistan Penal Code lays down that an assault with tire intention of wrongfully confining a person, gives the person sought to be wrongfully confined the right to voluntarily cause the death of the assailant, if the circumstances make him reasonably apprehend that he will be unable to have recourse to the public authorities for his release. The appellant does not state that he apprehended that when arrested he will' be confined in such a manner that he will be unable to have recourse to the- public- authorities and it should have been obvious to him that his pursuers wanted to arrest him so that he and the unlicensed arms and ammunition that he was carrying be taken to the police. He should have known that, when taken to a police station, he would be released on bail, if the offence committed by him was bailable, and, therefore, even if he had a right of private defence it did not extend to the voluntary causing of death of any of the persons who attempted to arrest him. The mere fact that a person is initially in the wrong cannot…

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