Abstract

The regulation of arms in India has a multifaceted history, shaped by colonial influences and contemporary security considerations. This research paper seeks to investigate the development, implications, and enforcement of arms legislation in India, particularly focusing on the Arms Act of 1959. While examining the evolution of the law relating to control of firearms in India, author has highlighted the differential objective behind legislation enacted by the British Government and Indian government respectively. This research paper emphasizes upon the primary goal of the government while enacting the Arms Act of 1959 i.e., to regulate the possession and use of firearms and ammunition, with the aim of upholding public order and safety. This paper examines the legal definitions of arms and ammunitions, the judicial understandings of relevant cases, and the societal ramifications of arms proliferation. It emphasizes the significant differences between various types of weapons, such as firearms and toy guns, and examines important legal cases that have influenced the interpretation of the law. The paper highlights the legislature's commitment to combating unauthorized access to arms in light of mounting national security and terrorism concerns. Furthermore, it explores the evidentiary prerequisites for categorizing an object as an “arm” and the legal ramifications of possessing unlicensed weapons. The paper also examines the enforcement challenges and the necessity for stricter regulations to ensure public safety. Through a comprehensive analysis of case law and statutory provisions, the paper aims to offer clarity on the legal framework governing arms in India, fostering a better understanding of the implications for individuals and society at large.

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