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Can i carry knife for self defense in india?

Page no : 2

Democratic Indian (n/a)     12 August 2012

If  licensing authorities are merely implementing authorities, then who is the authority who issues license.

It is the Constitution of India. It is the Constitution of India that is guaranteeing arms as fundamental right to all its citizens under Article 19. Use of the word "grant" in Arms Act 1959 is misnomer, the correct word is issue. The licensing authorities are merely issuing a copy of license that is vested/implied with the citizens of India because of the Constitution. Read Allahabad High Court judgment Case :- WRIT - C No. - 49301 of 2011 Petitioner :- Ajay Kumar Gupta, Respondent :- State Of U.P. And Others,Petitioner Counsel :- Yogesh Srivastava,Respondent Counsel :- C.S.C. It is clearly mentioned that grant of firearm licence is not a privilege accorded by the government(in other words, it means that it is accorded/guaranteed by the Constitution).

Also see why everybody who applies for license are not granted license.

Because of ignorance the applicants and licensing authorities about the facts of law just like you. Whenever these applicants approach High Courts, they get favorable judgments. There are countless such judgments.

There are certain criteria for issuing license, if you fall within that criteria you will be allowed the license.

Yes the criteria for disqualification are mentioned in Section 14 of Arms Act 1959. If a citizen is not disqualified under Section 14, he is to be issued the license because Article 19 of the Constitution is acknowledging arms as a fundamental right for all citizens.

No doubt you have the fundamental right to apply and the measurement whether you fall within the criteria is upon the licensing authority.

Absolutely wrong. Licensing authority is not Parliament to place itself in shoes of Parliament and start deciding on behalf of Parliament. Licensing authority is just implementing authority to implement the law as it is.

I say "licensing authority, licensing authority, licensing authority"

This child like behavior shows your closed mind, that you are not amenable to reasonable and logical thinking even in the face of facts.

Also see the role of  home department and the District Magistrate, in issuing arms license.

Instead read the judgments of High Courts that have admonished and fined them for not following the law.

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.

I disagree with the above opinion because of the following reasons:

If there is no notification under Section 4 of Arms Act 1959, then possession of arms other than firearms without license is perfectly legal provided you do not have "criminal intent".

As regards the question of police filing cases under IPC and Arms Act 1959, they are always free to file such cases regardless if you have license or not under Arms Act 1959 by coupling the matter with "criminal intent" and "suspicious circumstances". This is no reason to be irresponsible with your life and liberty, and keep yourself disarmed to allow your life and liberty suffer at the hands of criminals.

I am of the view that right to bear arms should be natural right and not a licensing right with minimum perscripttion and guidelines.

Arms are already natural and fundamental right guaranteed under Articles 19 and 21 of the Constitution. It needs to be noted that since arms are Fundamental Right of citizens under Article 19, there is corresponding Fundamental Duty of citizens in Article 51A(d). It is the same concept of 2nd Amendment's armed people's militia that is also present in our Constitution but has been written in a different manner. Also if one studies carefully Section 3 of Arms Act 1959 is violative of Article 20(3).

surjit singh (Assistant)     12 August 2012

Swasti, Go for the advice of Mr Nanda sir, or it is up to you if you want to face the consequence.

1 Like

Democratic Indian (n/a)     12 August 2012

The consequences are simple, either be carried by six or be judged by twelve. It is rightly said it is better to be judged by twelve than carried by six.

 

Swasti needs no spoon feeding for whom to listen since she is no kid, she knows what is right and wrong for her. All the legal facts have been put transparently before her in this discussion. She knows matter of self defense is no joke because it is matter of her freedom, life and liberty guaranteed by the Constitution. She knows how to do RTI with the Home Department of her State. She knows how to apply for arms license.


One one hand if she ignores her self defense and stays unarmed, she can be victim to various heinous crimes like kidnapping, murder, rape etc. She knows neither Advocate RK Nanda or Surjit Singh or Police will come on her behalf to prevent or interrupt the crime in progress.


On the other hand if she acts responsibly to take adequate measures to arm herself for her self defense she can save herself from heinous crimes. As far as question of filing false cases by Police is concerned they are always free to file false cases.

 

She knows her own safety is her own responsibility first then anything else -

b man (Namaste)     13 August 2012

 

Dear Swati,

 

All females should carry a PEPPER Spray in their handbags. If possible along with the PEPPER SPRAY, get yourself a panic alarm gadget; it’s basically a small device that blows a VERY LOUD SIREN, once you press a button.

 

If someone attacks you, you can spray it into the attacker’s eyes and an escape. These sprays & panic alarm gadgets are available in the market. The PEPPER SPRAY is very strong & will immobilize the attacker for a few minutes, thus giving you a chance to escape.

 

Getting a license for a gun is not easy, it is only given to people who are facing a threat from someone. I would humbly suggest that you should not carry any knife with you. Even if you are carrying a knife with you, there is a real possibility that the attacker may grab it from you after a struggle. In such a scenario there is greater likelihood of the same knife getting used against you.

 

Warm Regards,

1 Like

b man (Namaste)     13 August 2012

 

CORRECTION

 

All females should be read as all ladies/girls.

 

SORRY !!!!!!!!!!

 

Regards,

Democratic Indian (n/a)     13 August 2012

Originally posted by : b man
Getting a license for a gun is not easy, it is only given to people who are facing a threat from someone.

Getting a gun license though not easy, is not a matter of threat or no threat, it is a matter of fundamental right of citizens under Article 19 of the Constitution. If the matter is pursued intelligently, you can surely get license though it may take some time. Read Allahabad High Court judgment Case :- WRIT - C No. - 49301 of 2011 Petitioner :- Ajay Kumar Gupta, Respondent :- State Of U.P. And Others. It is clearly mentioned that issue of firearm licence is not a privilege accorded by the government(in other words, it means that it is accorded/guaranteed by the Constitution).

 

Pepper spray and all these noise making gadgets are extremely useless in many self defense situations. For example in windy conditions, you will be pepper spraying your own eyes. In rain pepper spray is useless. If confronted by more than one person again pepper spray is useless. Range of pepper spray is pretty limited. It is not without reason police are equiped with guns for their self defense and not with these pretty useless fancy goods.

Robocop   08 March 2018

What a f**king jerk are you? That person asked you to give more explanation on your answer and ass caught fire just because of that and your d**k sucking partner are also trying to defend you. Old fools like you are everywhere in India politics, law, police. Thanks god jerks are like are not entertained in corporarte world. Learn to understand the tone on internet. I am sure you understood my tone jerk.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 March 2018

There are knives used for cutting vegetables, but can be very effective also as a dagger. You can carry such a knife anywhere except at certain places. For instance you cannot carry it when you are about to board an aircraft. You cannot roam about in streets at midnight carrying the knife. If caught, the burden of proof will be on you that you are not a dacoit.

Arjooon Kuru   31 January 2022

Kindly give Legal sections that carrying  less than 5 inch knife can also make anyone Haraassed by Police  ,give the  Detailed IPC Sections 


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