Legal element
Definition
Each component of an offence that the prosecution must prove beyond reasonable doubt. For a firearms possession offence, elements typically include: the item is a firearm within the statute, the accused had possession or control, and possession was without lawful authority. The examiner's report should address each element to which forensic evidence is relevant.
Related terms
- Chain of custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Explosive (statutory definition)
- A substance used or manufactured with the intent to produce a practical effect by explosion or pyrotechnic effect. Indian law uses the...
- Firearm (statutory definition)
- A lethal barrelled weapon from which any shot, bullet, or other missile can be discharged. Each jurisdiction sets its own definition; the...
- Operability
- The capacity of a weapon to discharge a projectile using the action as designed or with minor repair. Operability is a legal...
- Prohibited bore / section 5 weapon
- In India, a 'prohibited bore' is a firearm above 0.32 calibre or a revolver above 0.455 calibre, defined in the Arms Rules....
Explained in
- Arms, Explosives and Firearms LawEach component of an offence that the prosecution must prove beyond reasonable doubt. For a firearms possession offence, elements typically include: the item i...