The Supreme Court in New Delhi

INDIA: NO MANDATORY GALLOWS FOR KILLING WITH ILLEGAL ARMS - APEX COURT

February 1, 2012: In India, the Supreme Court held that Section 27(3) of the Arms Act, 1959 that provides for "mandatory death penalty" in case of death being caused by use of prohibited arms is ultra vires (beyond the powers) of the constitution and declared it void.
The provision of death sentence was inserted in Section 27 of the Arms Act by amending it in 1988 in the wake of terrorist and anti-national activities in Punjab.
The apex court bench of Justice A.K. Ganguly and Justice J.S. Khehar in their judgment said that "this is thus a very drastic provision" as it provides for "mandatory death penalty."
The sub-section (3) of the Section 27 of the act which deals with the punishment for using arms, says "whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death penalty".
The Section 7 of the act prohibits acquisition or possession, or manufacture or sale of prohibited arms or prohibited ammunitions.
The provision of death sentence was inserted in the Section 27 of act in 1988. Prior to the amendment, the maximum sentence under this section was seven years or fine or both.
Referring to the constitution's 44th amendment, the judgment said: "That is why it has been provided by the 44th amendment act of 1978 of the constitution, that Article 21 (protection of life and personal liberty) cannot be suspended even during the proclamation of emergency under Article 359." (Sources: IANS, newkerala.com, 01/02/2012)