Police in Thiruvananthapuram found an unlicensed pistol at my house; what punishment under the Arms Act?
SN Asked by Sneha Iyer from India
Quick Answer
Possession of an unlicensed firearm is punishable under Section 25 of the Arms Act, 1959, and is cognizable and non-bailable, with punishment up to three years and fine, or more for prohibited arms.
Detailed Legal Analysis
Possession of an unlicensed firearm is punishable under Section 25 of the Arms Act, 1959, and is cognizable and non-bailable, with punishment up to three years and fine, or more for prohibited arms. The police in Thiruvananthapuram must follow seizure procedure, and the burden is on you to establish a licence if claimed.
Bail can be sought through the Sessions Court or Kerala High Court, with strict conditions. Kerala Rent Control Act 1963 may impose additional State arms rules, so the local licensing authority's records matter.
The prosecution must prove possession and knowledge of the unlicensed status. Search and seizure must comply with Section 100 CrPC, and irregularities can be challenged.
The arms are forfeited to the State on conviction.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.