What is the opinion of Experts?
Querist :
Anonymous
(Querist) 13 December 2010
This query is : Resolved
Arms Act 1959 is the main law that regulates all manner of arms. Whenever there is contradiction or confusion in the text of law, courts give more importance to the objectives of the legislation to infer the intent of legislators. One of the objectives of Arms Act 1959 says:
“(a) to exclude KNIVES, spears, bows and arrows and THE LIKE from the definition of ‘arms’."
But Arms Act 1959 in Section 2 contradicts its own above objective and defines sharp edged implements also as "arms" and says:
"(c) "arms" means articles of any description designed or adapted as weapons for offence or defense, and includes firearms, SHARP -EDGED 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;"
Also under the Arms Rules 1962(a bye law which was created to frame the rules for implementing Arms Act 1959) we find that it says the following:
"V. Arms other than fire-arms: SHARP -EDGED and DEADLY WEAPONS, namely: swords (including sword-stick), daggers, bayonets, spears (including lances and javelins); battle-axes, KNIVES(including kirpans a Khukries and other such weapons with blades longer than 9" or wider than 2" other than those designed for domestic, agricultural, scientific or industrial purpose, steel baton; "Zipo" and other such weapons called "life preserves"; machinery for making arms other than category II; and any other arms which the Central Government may notify under Sec. 4."
Experts please give your opinion if including/defining/classifying knives and other sharp edged implements under Arms Act 1959 and Arms Rules 1962 as "arms", is it legal if read along with the objectives of Arms Act 1959, one of which aims to EXCLUDE knives, spears, bows and arrows and the like from the definition of ‘arms’? In my opinion it defeats this particular objective for legislating the parent law Arms Act 1959.
Raj Kumar Makkad
(Expert) 13 December 2010
Until and unless there is no confusion in reading or implementing any provision of Law/Act, it has full implementation and it is legal. Once any contradiction qua its implementation comes then court shall have to decide it otherwise till to date Act is final and supreme and there is no any problem in its implementation.
