The Consequences of Possessing Illegal Weapons: What You Should Know

India has strict laws governing the possession and use of firearms and other weapons. Given the country’s focus on public safety and maintaining law and order, the possession of illegal weapons is a grave offence, punishable under stringent legal frameworks. In this blog, we will explore the legalities around weapon possession in India, the laws governing it, and the punishments for violating those laws.

The Arms Act of 1959: An Overview

The possession of firearms in India is governed by the Arms Act of 1959 and the associated Arms Rules of 1962. This law was enacted to regulate and control the acquisition, possession, manufacture, sale, import, export, and transfer of arms and ammunition. The Act classifies weapons into two main categories:

1. Prohibited Bore (PB) Weapons: These are weapons that are not allowed for civilian use unless specifically permitted by the government. Typically, these include fully automatic firearms, military-grade weapons, and other high-calibre arms.

2. Non-Prohibited Bore (NPB) Weapons: These are weapons that civilians may own, but only after obtaining a valid licence from the relevant authorities. Common examples include revolvers, pistols, and shotguns.

What constitutes an illegal weapon:

• Any weapon that is owned without any licence and permission.

• Any Prohibited bore weapon that is in the possession of any civilian without any government permission.

• Any weapons sold, manufactured, without any legal procedures.

Punishments for Possession of Illegal Weapons:

Possession of illegal weapons in India carries severe punishments under the Arms Act of 1959. Here are some provision:

1. Possession without a Licence: If a person is found in possession of a firearm or ammunition without a valid licence, they can face imprisonment of up to 3 years, extendable to 7 years, and a fine under Section 25(1) of the Arms Act.

2. Possession of Prohibited Bore Weapons: The punishment for possessing prohibited bore weapons without permission is more strict. It carries a prison sentence of up to 10 years, which may extend to life imprisonment, along with a hefty fine under Section 25(1A).

3. Manufacturing and Trafficking: Manufacturing, selling, or transferring illegal weapons or ammunition attracts a punishment of imprisonment for life or for a term of not less than 7 years, along with fines under Section 25(1B).

4. Use of Illegal Weapons in Criminal Acts: If an illegal weapon is used in the commission of a crime, such as murder or armed robbery (Section 312 BNS), the punishment can include the death penalty or life imprisonment, depending on the severity of the crime. 

Here’s what you can do if you’re the victim or you see someone with any weapons:

1. Inform the police authorities about that person with the weapon.

2. If  any one attacks you with any weapons like knife, sword, gun, pistol, go to the police and file a complaint.

3. File an FIR against him and follow up with the police and further to the legal procedures.