Section 36: Information to be given to the police in respect of certain offences

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959

Legal Commentary & Landmark Judgments: Section 36

Section 36 creates a mandatory legal obligation upon every person aware of the commission of or intention to commit any offense under the Arms Act to give information forthwith to the nearest police station or magistrate.

  • Positive Statutory Duty of Disclosure: Imposes an affirmative legal duty on every citizen, co-occupant, village headman, or landlord aware of illicit arms possession or trafficking to inform the authorities forthwith.
  • Penal Sanction for Deliberate Silence: Failure to furnish information without reasonable excuse constitutes a distinct statutory misdemeanor punishable under Section 176 of the Indian Penal Code (Section 211 of Bharatiya Nyaya Sanhita, 2023 - BNS).
  • Reasonable Excuse Defense: Recognizes that imminent threat, intimidation, coercion, or reasonable fear of death/grievous hurt by armed gangs constitutes a valid statutory defense for non-disclosure.
Key Landmark Precedents:
  • State of Maharashtra v. Kashirao (2003) 10 SCC 434: The Supreme Court held that statutory obligations to inform the police must be interpreted pragmatically; citizens paralyzed by fear of violent criminals cannot be penalized for failure to report immediately.
  • Bhupinder Singh v. State of Punjab (1997) 1 SCC 530: The Supreme Court recognized that in terrorism or gang-affected regions, failure of family members or neighbours to report armed presence is attributable to terror, negating criminal culpability under reporting statutes.
Courtroom Practice & Strategic Litigation Guidance:

When a client is roped in under Section 36 for failing to report a relative's illicit weapon cache, establish the defense of 'reasonable excuse': present evidence of physical intimidation, domestic violence, or threats of violence made by the armed perpetrator, which legally excuses the failure to inform the police.