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Court in India Finds Firing Pistol in Self Defense is NOT Illegal
AmmoLand ^ | January 10, 2023 | Dean Weingarten

Posted on 01/13/2024 5:25:26 AM PST by marktwain

On January 13, 2023, a conflict occurred at an apartment complex opposite the Ghazipur police station in Indiranagar, Uttar Pradesh state, Lucknow, India. Lucknow is in north-central India, not far from the border of Nepal. The conflict was reported to include two groups of young people in a dispute a bit before midnight. Early reports said the dispute was over a parking spot or possibly a complaint of the lack of a security guard.

One of the people in the dispute, Sunil Dutt Tripathi, was attacked and suffered injuries. He fired his licensed “Glock” pistol in the air to stop the attack. No one on the other side of the dispute was injured, according to documents filed with the High Court in Lucknow, the capital of Uttar Pradesh, in a decision released in January of 2024, about a year later.

The day after the incident, the treasurer of the residents’ association filed a complaint with the police, claiming Tripathi had attempted murder. From indiatimes.com:

“Sachin and his associates started firing on us with an intention to kill me and others. There was a stampede-like situation as people started running helter-skelter. Luckily, no one suffered any injury,” Arora alleged.

By January 15, 2023, the local police had charged Tripathi with several crimes, including attempted murder, and impounded his pistol, which was legally licensed. Tripani was released on bail. It appears the charges were dropped. No proceedings were initiated to cancel his firearms license. The police refused to return the pistol and cartridges, claiming Tripani had violated the conditions of Section 30 of the Arms Act. Tripani appealed the decision to the Allahhabad High Court in Lucknow.

The High Court found firing a licensed weapon in self-defense is not a violation of the


(Excerpt) Read more at ammoland.com ...


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KEYWORDS: asia; banglist; defense; india; pistol
The may strengthen the precedent a person may use a licensed firearm in self defense in India.
1 posted on 01/13/2024 5:25:26 AM PST by marktwain
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To: marktwain

Lucknow is near the border with Nepal.

2 posted on 01/13/2024 5:27:03 AM PST by marktwain
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To: marktwain

That’s some Solomon-like wisdom. I presume it’s illegal to fire a pistol offensively and it appears there is some question if you can fire a pistol defensively - can you ever fire a pistol there legally?


3 posted on 01/13/2024 5:34:54 AM PST by Flag_This (They're lying.)
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To: Flag_This
Yes, you can, especially if you have significant resources and political connections.

India seems to be moving toward making armed self defense legal, at least for the wealthy and politically connected.

In theory, the law applies to everyone.

It is very difficult for poor people to legally own a firearm.

India makes it almost impossible to purchase a foreign made firearm in India. They are producing a couple of revolvers and a semi-automatic designed for self defense. The semi-auto is in .32, the revolvers in .32 and .22.

Larger calibers are generally forbidden, but there are a tiny number of handguns which are grandfathered in.

4 posted on 01/13/2024 5:41:47 AM PST by marktwain
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To: Flag_This

Just think that might be the type of logic this woman would use as POTUS.

https://imgflip.com/i/8bhjsr


5 posted on 01/13/2024 6:00:07 AM PST by Phoenix8
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To: marktwain
"They are producing a couple of revolvers and a semi-automatic designed for self defense. The semi-auto is in .32, the revolvers in .32 and .22."

Do you have any idea why they're focusing on tiny calibers? "Sure, you can shoot someone, but don't really shoot 'em."

6 posted on 01/13/2024 6:20:28 AM PST by Flag_This (They're lying.)
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To: marktwain
He fired his licensed “Glock” pistol in the air to stop the attack

Violation of Rule 1 of defensive firearm use.

7 posted on 01/13/2024 6:36:39 AM PST by PAR35
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To: Flag_This
Do you have any idea why they're focusing on tiny calibers? "Sure, you can shoot someone, but don't really shoot 'em."

It is a stupid idea to limit the effectiveness of civilian owned arms. Much of the law in India was written by technically illiterate socialists. It is derived from British law designed to disarm the Indian public after the 1857 Mutiny/uprising.

As an example, because the 7.65x25 Mauser cartridge is a smaller caliber than .32, if you have a grandfathered broomhandle Mauser or a Tokarev chambered in those calibers, it is legal under the law.

In the USA we have a similar law saying you cannot own a rifle of greater than .50 caliber (passed in 1968) unless a specific exemption is made for it.

8 posted on 01/13/2024 6:49:54 AM PST by marktwain
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To: marktwain

On the other hand, the Constitution of India states:

Article 21: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

...there is no due process


9 posted on 01/22/2024 12:33:19 PM PST by nick0786bazpur (2024: TRUMP or Nothing )
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