section 4/25 is bailable or non bailable

sumit arora (Querist) 20 November 2010 This query is : Resolved
dear sir,

i wanted to know that my brother was carrying 20 inch sword and police arrested him and file a case under arms act 4/25 and they told us that it is bailable offence and told us to go to court and in court we filed the bail papers but it rejected and he had given 3 days police custody now i wanted to know that after 3 days PC bail will be given or further pc will be given. kindly let me know

Thank you

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Ajay Bansal (Expert) 20 November 2010
IT IS A NON BAILABLE OFFENCE.

Guest (Expert) 20 November 2010
Section 4/25 Arms Act is Non Bailable offence. Police remand can be given up to 15 days. But Magistrate should ve carefully gone through the case diary n look whether there is sufficiant ground to give PC remand or not. Generally when PC remand ordered by Magistrate then bail nt lies. Whenever Magistrate ordered the J/C to the accused, move the bail application.

Kirti Kar Tripathi (Expert) 20 November 2010
yes, it is non bailable.

s.subramanian (Expert) 20 November 2010
i agree

sachin sethi (Expert) 21 November 2010
agreed with experts...

Advocate. Arunagiri (Expert) 21 November 2010
It is a non bailable offense. The police can ask for extension of the PC. It will be granted by the Magistrate in case of necessity.