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Section 24: Seizure and detention under orders of the Central Government

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959
Section 23 All 46 Sections of Arms Act Section 25

Legal Commentary & Landmark Judgments: Section 24

Section 24 empowers the Central Government to order the seizure and detention of arms, ammunition, or military stores from any person or community in the interest of public safety, anchoring emergency executive disarmament powers alongside the prohibitions under Sections 24A and 24B.

  • Executive Order of Seizure: Central Government may issue an order directing the seizure of any arms, ammunition, or military stores from any person or all persons in a specified area whenever deemed necessary for public safety.
  • Custodial Detention of Seized Weapons: Authorizes holding seized weapons in government custody for such duration as the Central Government deems necessary during times of public emergency, rebellion, or communal tension.
  • Interlock with Chapter IV Public Order Regime: Operates alongside Section 24A (notified disturbed areas) and Section 24B (prohibition of carrying arms in public processions, religious gatherings, or mass rallies), establishing comprehensive state disarmament authority.
Key Landmark Precedents:
  • State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75: The Supreme Court held that sweeping executive emergency powers affecting personal liberty and property must be guided by clear statutory policy and cannot be exercised in an arbitrary or discriminatory manner.
  • Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The Supreme Court affirmed that preventive powers exercised by the state to avert public disorder are constitutionally valid when backed by objective threat assessments and subject to judicial review.
Courtroom Practice & Strategic Litigation Guidance:

When executive authorities issue blanket seizure or disarmament orders under Section 24, challenge orders that fail to demonstrate an objective link between public safety and the seized weapons. In criminal defense, if a client is charged under Section 24B for carrying arms in a procession, establish that the article carried was an essential religious symbol (e.g., Kirpan under Article 25) or a theatrical prop devoid of functional lethality.

Section 23 All 46 Sections of Arms Act Section 25