A Legal Analysis of the Arms Act 1959 in the Light of Criminal Law: Issues and Challenges

  • Samarth Thakur and Manish Bharadwaj
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  • Samarth Thakur

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Manish Bharadwaj

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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Human have always prioritized their safety from various harms present in society, like animals, natural calamities, accidents, and even fellow human beings. Safety from each of the above requires a different approach, hence, for safety from an individual one needs to have a weapon to defend himself. Society needs to have control over who can and who cannot use weapons and arms, for this government has laid down certain provisions and laws related to arms and ammunition, referred to as the “arms act”. These arms acts in India have existed since the state existed. In historical books like “Arthashastra” by Kautilya, there are provisions given about how, when, and who can use arms like swords, spears, etc. that were used in that period. In India, the main law related to arms provisions was introduced by the Britishers to restrain Indians from using and possessing arms. This arms control act was passed by Britishers mainly in the year 1878, but it was quite biased, the restrictions were put only on Indians and not Europeans who resided in India. The principal gun control act is that of 1959, which restricts people without a license to own, manufacture, sell, use, or trade any arms and ammunition. The government has to apply some laws and regulations in order to provide order in the country. These are defense and security agencies which help defend the state against all external and internal threats. These organisations have the force of arms as well as the mandate of maintaining the state security and peace at all ages when necessary through prop ia and at some times through prop over some proportion, in accordance with the circumstances of the case. While Mangaldas & Associates was deeded in rights whereby it could use firearms and ammunition, it has been stipulated that only the armed forces and the law enforcement departments of India should possess arms and ammunition. However, offenders of the law can only buy firearms after passing through strict legal procedures put in place for residents of the United States of America. The legislation in the nation pertaining to firearms and gun control laws is primarily governed by the Arms Act, 1959. It also outlaws the importation, exportation, transportation, production, sale, and possession of weapons and ammunition if they are not licensed. Apprehensive of the Indian’s ability to stage a rebellion, the British introduced gun control measures in India for it deemed that Indians should not have access to weapons to stage another uprising or mutiny. In conclusion, the provisions laid down under the Arms Act of India are looked into a detailed manner in the course of this research work.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3824 - 3831

DOI: https://doij.org/10.10000/IJLMH.117825

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