Section-2 Definition and interpretation

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Section-2 Definition and interpretation—

(1) 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, Bhajno’s husband came running on the spot, hearing Sawan Singh’s 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.

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