Skip to main content

Section 2 of Arms Act - Definition and interpretation

 Section 2 Arms Act Description

(I) in this Act, unless the context otherwise requires, --

(a) "acquisition " with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift;

(b) "ammunition" means ammunition for any firearms, and includes-

(i) rockets, bombs, grenades, shells [ (�Note: Subs. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) )�and other missiles,]

(ii) articles designed for torpedo service and submarine mining,

(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,

(iv) charges for firearms and accessories for such charges

(v) fuses and friction tubes,

(vi) parts of, and machinery for manufacturing, ammunition,

(vii) such ingredients of ammunition as the Central Government may, by notification if the Official Gazette, specify in this behalf;��

(c) "arms" means articles of any description designed or adapted as weapons for offences, or defense, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing arms, but does not include articles designated 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 being converted into serviceable weapons;

Comments

Articles used mainly for agricultural or domestic purpose e.g.�lathi, walking stick or scissors (for tailoring) or kept for religious nuisance, are not covered under this provision. However, articles particularly ??designed and adapted?? for use as weapons for offensive and/or defensive purposes e.g.�Ganasa, are well within the ambit of this provision [Ram Rattan�Puran�Singh, Appellant v. The State, Respondent; AIR 1968�Punj. &�Har. 520 (521) V 55 C118]. In this case, the appellant, with whom�Bhanjo, daughter-in-law of�Sawan�Singh, had developed illicit relationship, was heading towards�Bhajno??s�husband??s house, armed with a�Gandasa, for obvious reasons and motives. But on the way,�Sawan�Singh intercepted and tried to reason with him whereupon the appellant warned him to keep aloof or face his wrath. Then the appellant inflicted grave injuries on the unarmed old man. However,�Bhajnos�husband came running on the spot, hearing�Sawan�Singhs cries and shouting for�help,l�and in exercise of the right of self defense, he injured the appellant with another�Gandasa. So,�Gandasa�was used for both offensive and defensive purposes, bringing it well within the ambit of the definition of arms.

(d)�[ Note: Subs. by Act 55 of 1971, s. 2, for the former clause.]�"district magistrate" in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or parts;)

(e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes, --

(i) Artillery, hand-grendades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such things,

(ii) accessories for any such firearms designed or adapted to diminish the noise or flash caused by the firing thereof,

(iii) parts of, and machinery for manufacturing, firearms, and

(vi) carriages, platforms and appliances for mounting, transporting and serving artillery;

(f) "licensing authority" means an officer of authority empowered to grant or renew licenses under rules made under the Act, and includes, the Government ;

(ff)�[ Note�: Ins. by Act 25 of 1983, s. 2 (w.e.f.�22-6-1983) ]�"magistrate" means an Executive Magistrate under the Code of Criminal Procedure 1973 (2 of 1974) ; )

(g) "prescribed" means prescribed by rules made under this Act;

(h) "prohibited ammunition" means any ammunition, containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, (�[Note : Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) ]�missiles) articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition ;

(i) "prohibited arms" means

(i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missile is empty, or

(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms ;

(j) "public servant" has the same meaning as in Section 21 of the Indian Penal Code (45 of 1860) ;

(k) "transfer" with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession.

(2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing.

(3) Any reference in the Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.

Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree