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swasti (Manager)     11 August 2012

Can i carry knife for self defense in india?

Is there any laws regarding a person carrying knife or similar tools for self defense in India? If its allowed, is there any size/length restrictions? 



 22 Replies

Democratic Indian (n/a)     11 August 2012

Answer to your query lies in the fact if there is a notification issued under Section 4 of Arms Act 1959 for your area. Central Government has delegated its power to issue Notifications under Section 4 of Arms Act 1959 to the State Governments. To ascertain if any Notification has been issued by your State Government, do an RTI in the office of the Home Department of your State. To understand please read Section 4 of Arms Act 1959 along with Rule 19 of Arms Rules 1962. This matter is discussed in great detail here https://indiansforguns.com/viewtopic.php?f=20&t=16750


Remember that knives are no match if confronted by multiple attackers. Guns are the best tools of self defense. Lot of women in our country are possessing and carrying guns for self defense these days. Arms are your Fundamental Right under Article 19 and 21 of the Constitution and Constitutional Right under Article 300A. Arms Act 1959 is just a regulatory law to regulate this fundamental right. Therefore it is best to apply for arms license, it is your fundamental right. There are many High Court judgments in this matter. Related High Court judgments and discussion can be read by clicking below links:


1. https://www.lawyersclubindia.com/forum/Allahabad-high-court-again-stands-for-rkba--55499.asp


2. https://www.lawyersclubindia.com/forum/Allahabad-high-court-says-rkba-part-of-article-21-44153.asp


3. https://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp

R.K Nanda (Advocate)     11 August 2012

No, not at all.

Democratic Indian (n/a)     11 August 2012

Originally posted by : R.K Nanda

No, not at all.

What you are saying does not make any sense from legal angle. Could you please elaborate on what you are trying to say from legal angle?

R.K Nanda (Advocate)     11 August 2012

DI,

Do not teach me legal angle.You have no right to comment on my reply.First have common sense.

Democratic Indian (n/a)     11 August 2012

Originally posted by : R.K Nanda

DI,

Do not teach me legal angle.You have no right to comment on my reply.First have common sense.

I asked you a question politely, why so much arrogance and baseness in your reply? What has hurt you so much that you want to hide from elaborating your reply from legal angle? What is the problem you are facing in my reply that made you start giving baseless threats that I have no right to reply?

surjit singh (Assistant)     11 August 2012

Democratic Indian, this is one of the prestigious legal site , if you deal with one of our eminent expert on this site in this way I am sorry to say, you do not deserve to be here at this site. Mr. N.K.Nanda is an eminent lawyer of this country. Please ask question which make some meaning.

Please reply to one  of my question, If someone enters you house with a knife and shows it to you, and later on he pleads before the court that he took that knife for his self defence, do it have any meaning.

Mr. Democratic Indian India is a social welfare state and security of life and limb is the responsibility of the Governent. For carryng any arms/weapon you have to take permission from the concened authority.

2 Like

shailendra kumar (retired govt servant)     12 August 2012

we need not be always looking for laws that allow us to do something which we require for practical living..  I personally feel that this forum also needs common people who write how they solved the issue with simple common sense and how  action can be seen in a simple manner which appears normal without being confounded with law.

According to me practically anyone can carry kitchen knives at all times . when checked he  or she can say that they purchased it for cutting vegetables but being too busy forgot to keep it back home and therefore it is being carried now. knives are openly sold , obviously they can be openly purchased and carried home or even to office to cut your salad or fruits after having lunch .  one doesn't need a law to support  this simple day to day action. my luncbox in the briefcase  always had a small vegetable knife for cutting fruits

ofcourse in emergency you can definitely use it to exercise your right to self defense. women can carry it their purse.

same applies to your  walking stick ,umbrella,or any other personal use item u can think of using as a weapon of self defense.

Q. Mr nanda only . I understand from your answer that since there is no law  (or no law either permitting or prohibiting it), implies one can do it  till they make a law about it. i hope i have correctly understood it . regards.

bye to all.

N.K.Assumi (Advocate)     12 August 2012

Coooooooooooool. I think there is some slight misunderstanding in the query and responds etc. Just read the responding lines of democratic India and Sir.Nanda, there is nothing to boil over it. Yes, thanks to Shailendra Kumar for taking the right lines. I must also add that there are countries where knife is regarded more dangerous than gun as knife is a silent killer and knife is prohibited but guns are not prohubited and it is sold like selling a knife in our country. I guess the whole issue depends from country to country.

1 Like

Democratic Indian (n/a)     12 August 2012

@surjit singh Nobody is questioning Mr R. K. Nanda's history in legal profession. Rather than making baseless allegations, it is those people who make replies without applying their mind do not deserve to be on this site.


Before jumping into the discussion, did you read my first reply in this read? Did you read Section 4 of Arms Act 1959 and Rule 19 of Arms Rules?


Please reply to one  of my question, If someone enters you house with a knife and shows it to you, and later on he pleads before the court that he took that knife for his self defence, do it have any meaning.

"Shows it to you" means legally nothing. If he is merely showing it to you it is no offense. If he is about to attack you with it, then you enforce the law of private defense. Have you ever read there exist Sections 96 to 106 IPC which are flowing from Article 21?


Mr. Democratic Indian India is a social welfare state and security of life and limb is the responsibility of the Governent. For carryng any arms/weapon you have to take permission from the concened authority.

Social welfare state does not mean people have given up their basic human and fundamental rights. Self Defense and Arms are basic human rights as well as fundamental rights guaranteed by the Constitution. There are two kinds of law enforcement machinery in the country, the law enforcement machinery of the State and law enforcement machinery in the individual capacity. When you are using your right of private defense, you are doing nothing but acting as law enforcement machinery in individual capacity and enforcing the law of private defense. Please learn the basics and get your facts right before making legally baseless comments


Are you aware that you do not have to take "permission" from authorities. Do you know that licensing authorities are merely implementing authorities and they are not "granting" any licenses because arms are fundamental right under Article 19 and 21 of the Constitution and Constitutional Right under Article 300A. Arms Act 1959 is just a regulatory law for this fundamental right.


If Mr. RK Nanda's reply has any legal substance, he should not remain quite and instead reply to enrich the forum by clarifying on what legal basis he gave the reply.

Ranee....... (NA)     12 August 2012

As per my general knowledge a Sikh can only carry Kirpan (sword) in India.

1 Like

RKKhanapure (Health Worker)     12 August 2012

Unfortutanely law does not solve all the problems, and common sense makes a good rationale. Americans went for guns long time ago, and now can see shotting in their schools. Legals rights does not extend to misuse for one's self ego, emotions and cover it under the law. One of the problems with the law, that it has to be proven. And not all events are proven, but framed. If one's life is in a danger due to political affiliation or otherwise, where the weapon is carried has a different sense; rather than my sisters or neighbours have cheated me and I will teach them a lesson has different weightage. It will be foolishness to equip everyone with knifes or guns in India.

Democracy is not for abuse of the rights. It is FOR THE PEOPLE, BY THE PEOPLE....

surjit singh (Assistant)     12 August 2012

I do not think I should reply any more to your unsubstantiate question. Please see the rules for granting license for arms. Hunt for the question and difference between  " Licensing authority and implementing authority" If  licensing authorities are merely implementing authorities, then who is the authority who issues license. Also see why everybody who applies for license are not granted license. There are certain criteria for issuing license, if you fall within that criteria you will be allowed the license. No doubt you have the fundamental right to apply and the measurement whether you fall within the criteria is upon the licensing authority. I say "licensing authority, licensing authority, licensing authority",  Also see the role of  home department and the District Magistrate, in issuing arms license. Byeeeeeeeeeeeee.

1 Like

R.K Nanda (Advocate)     12 August 2012

Dear Swasti,

 

No, not at all simply means that you cannot carry knife even for self defence in India because you will be arrested by police for carrying illegal arms..under various provisions of IPC and Arms Act.

N.K.Assumi (Advocate)     12 August 2012

In India every citizen has a right to bear arms for private defense provided arms license is obtained. But is it easy to obtain arms license, when it is hedged with many restrictions with bias decision? It is something like talking about right to life without providing the means to livelihod. What is the use of sermoning to the people about their Fundamental Rights, when they dont have the means to live by it. I am of the view that right to bear arms should be natural right and not a licensing right with minimum perscripttion and guidelines. Are we to be told and sermon of our right to private defense against hooligans and arms cadres with sophisticated weapons which even the police and army does not possess? Right to bear Arms should received the status of Natural Rights.

1 Like

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