Possession of arms in a non-notified area does not constitute an offense under the Arms Act.

C.S.DIAS, J.

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CRL.MC No.1827 OF 2021 ------------------------------------------------

Dated this the 4^th day of February, 2026 ORDER The petitioner is the accused in CC No.1175/2018 on the file of the Court of the Judicial First Class Magistrate, Hosdurg, Kasaragod (‘Trial Court’).

2. The crux of the prosecution case is that:

The petitioner was found in possession of an arm (sword) on 31.03.2018, at around 23:30 hours. He was arrested on the spot with the said arm and the same was recovered from him. Thus, the petitioner has committed the offence under Section 5 (1)(a) read with Section 27 (1) of the Arms Act, 1959 (‘Act’, in short).

3. The petitioner has contended in the Crl.M.C. that, since the area from where the arm was allegedly seized is not notified under Section 4 of the Arms Act, the offence will not be attracted. Therefore, the entire prosecution is liable to be quashed.

4. I have heard the learned Counsel for the petitioner and learned Public Prosecutor.

5. The learned Counsel for the petitioner reiterates the contentions in the Crl.M.C. He places reliance on the decisions of this Court in Stephen v. State of Kerala (2018 (4) KHC 58) in support of his contention. Therefore, he prays that the Crl.M.C. may be allowed.

6. The learned Public Prosecutor opposes the Crl.M.C. He submits that the said question is a matter to be decided by the Trial Court. Nonetheless, he does not dispute the fact that the area from where the arm was seized is not a notified area.

7. In the above context, it is profitable to refer to Section 4 of the Arms Act, which reads as follows:

“4. Licence for acquisition and possession of arms of specified description in certain cases.―If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder”.

8. What is an Arm is defined under Section 2(c)

which reads as follows:

“2(c) “arms” means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons”.

9. It is also apposite to refer to Rule 4 of the Arms Rules, 2016 which reads thus:

“4. License for arms other than firearms and applicability of section 4.

(1).Unless the Central or the State Government by notification in the Official Gazette so directs, no license shall be required for the manufacture, sale, possession for sale or test, of arms of category V in Schedule I except in the areas notified under section 4.

(2). In any area specified in the notification issued by the Central Government under section 4 of the Act, license for acquisition, possession or carrying in that area of arms of such class or description as may be specified in that notification may also be granted or renewed as provided in Schedule II, subject to such conditions as may be specified in these rules, that Schedule and in the license”.

10. Under schedule (1) ca