Section 19: Power to demand production of licence, etc.

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959

Legal Commentary & Landmark Judgments: Section 19

Section 19 empowers police officers and authorized public servants to demand the production of an arms licence from any person carrying arms or ammunition, authorizing summary arrest without warrant upon refusal or supply of false identity.

  • Power to Demand Production: Any police officer or authorized officer may demand production of the licence from any person carrying arms or ammunition in any public place or transit.
  • Arrest for Refusal or False Identity: Section 19(2) authorizes arrest without warrant if the person carrying arms refuses to produce the licence, refuses to give his name and residence, or gives a name/residence suspected to be false.
  • Seizure and Custody: Weapons and ammunition carried by a person failing to produce authority may be seized and detained pending verification of identity and licensing status.
Key Landmark Precedents:
  • State of M.P. v. Mubarak Ali, AIR 1959 SC 707: The Supreme Court held that powers of search, seizure, and arrest by police officers must strictly conform to statutory conditions precedent to safeguard individual liberty.
  • State of Punjab v. Baldev Singh (1999) 6 SCC 172: A Constitution Bench reiterated that statutory search and seizure powers under special penal statutes must be executed with strict procedural adherence to protect constitutional guarantees.
Courtroom Practice & Strategic Litigation Guidance:

In defense strategy, ascertain whether the arresting officer was in uniform and possessed lawful authority. If the client possessed a valid digital licence on NDAL-ALIS or DigiLocker, demonstrate that refusal to produce a physical card does not constitute a criminal offense under Section 19/25, provided identity and licence number were disclosed.