Section 28 in The Arms Act, 1959
Title: Punishment for use and possession of firearms or imitation firearms in certain cases.
Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years 1 [and with fine.]
Explanation.―In this section the expression "imitation firearm" has the same meaning as in section 6
1. Subs. by Act 25 of 1983, s. 10, for ", or with fine, or with both" (w.e.f. 22-6-1983).
Title: Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same.
(a) purchases any firearms or any other arms of such class or description as may be prescribed or any ammunition from any other person knowing that such other person is not licensed or authorised under section 5; or
(b) delivers any arms or ammunition into the possession of another person without previously ascertaining that such other person is entitled by virtue of this Act or any other law for the time being in force to have, and is not prohibited by this Act or such other law from having, in his possession the same;
shall be punishable with imprisonment for a term which may extend to 1 [three years, or with fine, or with both.]
1. Subs. by s. 11, ibid., for certain words (w.e.f. 22-6-1983).
Title: Punishment for contravention of licence or rule.
Whoever contravenes any condition of a licence or any provision of this Act or any rule made thereunder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to 1 [six months], or with fine which may extend to 2 [two thousand] rupees, or with both.
1. Subs. by s. 12, ibid., for "three months" (w.e.f. 22-6-1983).
2. Subs. by s. 12, ibid., for "five hundred" (w.e.f. 22-6-1983).
Title: Punishment for subsequent offences.
Whoever having been convicted of an offence under this Act is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence.
Title: Power to confiscate.
(1) When any person is convicted under 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 receptacle 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.