Menace of Unlicensed Firearms: Supreme Court Directs National Expert Committee to Formulate Action Plan for Arms Act Implementation - 2025-08-11

Legal News & Court Updates.

Supreme Court Sets Up National Framework to Combat Illegal Firearms Menace

NEW DELHI — In a significant move to address the escalating threat of unlicensed firearms, the Supreme Court has directed a newly constituted national Committee of Experts to formulate a comprehensive plan for the effective implementation of the Arms Act, 1959. The bench of Justices B. V. Nagarathna and K.V. Viswanathan , after taking suo motu cognizance of the issue, emphasized the need for a robust mechanism to curb the proliferation of illegal weapons, which they termed a "death knell of rule of law."

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From a Single Case to a Nationwide Mandate

The matter originated from a Special Leave Petition in Rajendra Singh vs. State of Uttar Pradesh . While the petition itself was withdrawn in February 2023, the Court retained its focus on the larger, disturbing trend of unlicensed firearms being used in serious crimes.

The bench observed, "Unlike the Constitution of the United States where the right to bear fire arms is a fundamental freedom, in the wisdom of our founding fathers, no such right has been conferred on anyone under the Constitution of India." This fundamental distinction spurred the Court to initiate a suo motu proceeding to tackle what it described as a "very serious" issue impacting the right to life and the administration of justice.

The Path to a National Strategy

Over several hearings, the Court meticulously gathered information from all States, Union Territories, and the Union of India. It appointed Senior Advocate S. Nagamuthu as Amicus Curiae to assist in collating data and providing suggestions.

The Court noted a "lackadaisical approach" in the implementation of the existing laws, despite the Arms Act being amended in 2019 to introduce stricter punishments. It found that illegal factories and workshops manufacturing unlicensed arms were flourishing, and smuggling remained a major concern.

Initially, in November 2024, the Court had directed each State and UT to form a five-member committee, chaired by their respective Chief Secretary, to create a local action plan.

A Centralized Committee of Experts

Following the submission of these state-level plans, the Union Ministry of Home Affairs, through an Office Memorandum dated August 8, 2025, constituted a high-level Committee of Experts . This national body is chaired by the Director General of the Bureau of Police Research and Development (BPR&D) and includes senior officials from the Intelligence Bureau (IB), National Investigation Agency (NIA), and the police and home departments of several key states.

In its final order, the Supreme Court endorsed this development, directing the national committee to:

- Review the action plans submitted by all States and Union Territories.

- Consider the detailed suggestions provided by the Amicus Curiae.

- Formulate a comprehensive strategy to ensure the "effective implementation of the Arms Act and for curbing the menace of illegal firearms and unauthorised use of legal firearms."

Court's Concluding Remarks

Disposing of the miscellaneous application, the bench placed on record its sincere appreciation for the valuable assistance rendered by Amicus Curiae S. Nagamuthu, Additional Solicitor General Aishwarya Bhati, and all counsel who contributed to the proceedings.

The Court's order signifies a pivotal shift from state-specific actions to a coordinated national strategy. By entrusting the BPR&D-led committee with this mandate, the Supreme Court aims to create a more accountable and effective framework to eradicate the threat posed by illegal arms across the country.