Section 32 of THE ARMS ACT, 1959
| this Act | of any | offence committed | by him | in respect of any arms or | ||
|---|---|---|---|---|---|---|
| ammunition, it shall be | in the | discretion of | the convicting | court | ||
| further to | direct that | the whole | or any | portion of such | arms | or |
| ammunition, and | any vessel, | vehicle or other means of conveyance and | ||||
| any resceptacle | or thing | containing, or used to conceal, the arms or |
ammunition shall be confiscated:
Provided that if the conviction is set aside on appeal or
otherwise, the order of confiscation shall become void.
- (2)An order of confiscation may also be made by the appellate court or by the High Court when exercising its powers of revision. 33. Offences by companies.
Summary
- This provision gives the court the power to confiscate arms, ammunition, and other items used in an offence when a person is convicted.
- Confiscation is entirely up to the discretion, meaning the choice, of the court.
- The items that can be confiscated include the weapons, their containers, any concealment materials, and the vehicles or vessels used to transport them.
- If an appeal or revision, which is a formal review of the case, successfully sets aside the conviction, the confiscation order automatically becomes void, meaning it is canceled.
- Both appellate courts and the High Court can make confiscation orders during revision.
Practical examples
FAQ
1. What items can a court confiscate under Section 32 of The Arms Act, 1959?
Under Section 32 of The Arms Act, 1959, a court can confiscate the arms or ammunition involved in the offence, any vessel, vehicle, or transport used, and any container, receptacle, or item used to hide them.
2. Is confiscation automatic upon conviction under Section 32 of The Arms Act, 1959?
No, confiscation is not automatic. Under Section 32 of The Arms Act, 1959, it is at the discretion of the convicting court to decide whether to direct confiscation of the items.
3. What happens to a confiscation order under Section 32 of The Arms Act, 1959 if the conviction is overturned on appeal?
Under Section 32 of The Arms Act, 1959, if the conviction is set aside on appeal or otherwise, the order of confiscation automatically becomes void.
4. Can a higher court order confiscation under Section 32 of The Arms Act, 1959 if the trial court did not?
Yes, under Section 32 of The Arms Act, 1959, an appellate court or the High Court exercising its revision powers can also make an order of confiscation.
Test yourself
Q1.Under Section 32 of The Arms Act, 1959, which of the following is correct regarding the court's power of confiscation?
Q2.Under Section 32 of The Arms Act, 1959, what happens to a confiscation order if the underlying conviction is set aside on appeal?
Q3.Under Section 32 of The Arms Act, 1959, which of the following things cannot be confiscated by the court upon conviction?
Q4.Under Section 32 of The Arms Act, 1959, which authorities other than the convicting trial court have the power to make an order of confiscation?
Q5.Under Section 32 of The Arms Act, 1959, if a person is convicted of a minor licence condition violation under Section 30, does the convicting court have the power to confiscate their arms?