Related: Explainer What is Arms Act, 1959 and Section 25?

For reference the offense for which you are being punished falls under section 25 of arms act, 1959 which is provision for punishment for certain offenses relating to arms and ammunition.

In layman terms, if someone breaches the provisions of Arms Act by possessing or dealing with weapons without proper legal sanction they may be prosecuted under Section 25.

One of the legal queries we frequently receive at Find My Vakeel is for Arms Act cases in which an accused need legal advice about weapon possession, bail application or criminal defense lawyers in India. Why it is important to understand Section 25 Because the penalties for offences made under this section are significant.

Purpose of Section 25

Section 25 has the following main purposes:

To regulate firearms and ammunition

To avoid illegal keeping of arms

To control arms trafficking

To maintain public safety

To reduce weapon-related crimes

Common Offences Under Section 25

Possession of Firearms Without License

Hence, a person found in possession of/ or having retained an arms without a valid firearms licence will be prosecuted.

Illegal Possession of Ammunition

Not only are you in legal trouble if you have ammunition without permission.

Manufacturing Arms Without Permission

Manufacturing an gun or ammunition without government approval is a criminal offense.

Unlawful Sale or Transfer of Firearms

While you can sell or communicate firearms within your family, selling or transferring firearms not only outside of the family could result in criminal liability here.

Possession of Prohibited Arms

Some of the weapons are restricted arms, which need special permission.

Punishment Under Section 25

The punishment varies depending on:

Type of weapon involved

Nature of the offence

Circumstances of the case

Applicable subsection of Section 25

Examples of punishment can be, in serious situations:

Imprisonment

Fine

Both imprisonment and fine

Section 25 — What Accessibility Does it Have — Bailable or Non-Bailable?

The answer depends on the offence and subsection.

Most offences under the Arms Act are relatively minor, particularly those relating to possession of an unlicensed firearm which is generally considered a serious offence and bail is made out on merit in light of the facts.

FIR Under Section 25

FIR may be registered when the police:

Illegal firearms are recovered

Unlicensed weapons are found

Prohibited ammunition is seized

Arms trafficking is suspected

Once the FIR is registered, the police investigations followed by filed charge sheet in front of the court.

Conclusion

One of the most crucial provisions relating to offences involving illegal firearms and ammunition is Section 25 of the Arms Act, 1959. The law strives to keep the people safe by controlling who can have weapons and punishing individuals who disobey arms laws. Those that are currently subject to proceedings under Section 25 ought to obtain appropriate legal assistance and be educated as to their rights within the sphere of the criminal justice system.