Previous Year Question
With reference to India, consider the following pairs: (2023)
Action | The Act under which it is covered |
1. Unauthorised wearing of police or military uniforms | The Official Secrets Act, 1923 |
2. Knowingly misleading or otherwise interfering with a police officer or military officer when engaged in their duties | The Indian Evidence Act, 1872 |
3. Celebratory gunfire which can endanger the personal safety of others | The Arms (Amendment) Act, 2019 |
How many of the above pairs are correctly matched?
Only one
Only two
All three
None
Correct Answer: D
Detailed Solution
Pair 1 is correct
Section 6 of the Official Secrets Act, 1923 deals with the unauthorised use of police or armed-forces uniforms and related forms of false personation.
A person may be punished under the Act for using, without lawful authority, a uniform resembling that of the police or armed forces for gaining entry to a prohibited place, assisting another person or pursuing a purpose prejudicial to State security.
Section 6 also covers falsification of official reports, forgery, personation and the use of false documents.
Pair 2 is incorrect
Knowingly misleading or interfering with a police officer or a member of the armed forces while the officer is performing official duties is not an offence under the Indian Evidence Act, 1872.
It is covered by Section 7 of the Official Secrets Act, 1923. This provision concerns obstructing, misleading or otherwise interfering with police or armed-forces personnel in the vicinity of a prohibited place.
The Indian Evidence Act primarily prescribed rules relating to the relevance, admissibility and proof of evidence in judicial proceedings; it was not the law creating this offence.
The Indian Evidence Act, 1872 has since been replaced by the Bharatiya Sakshya Adhiniyam, 2023, which came into force on 1 July 2024. This subsequent change does not affect the historical answer to the 2023 question.
Pair 3 is correct
The Arms (Amendment) Act, 2019 amended the Arms Act, 1959 to make celebratory gunfire a specific offence.
Under amended Section 25(9), using a firearm in a rash or negligent manner during celebratory gunfire so as to endanger human life or the personal safety of others is punishable.
The punishment may include:
Imprisonment for up to two years;
A fine of up to ₹1 lakh; or
Both.
Actual death or injury is not essential for the provision to apply. Celebratory firing that endangers human life or personal safety may itself attract liability.