Section 4: Licence for acquisition and possession of arms of specified description in certain cases

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959

Legal Commentary & Landmark Judgments: Section 4

Section 4 empowers the Central Government to mandate, by Official Gazette notification, that the acquisition, possession, or carrying of arms of specified descriptions other than firearms—such as swords, daggers, spears, and large bladed weapons—within designated administrative areas shall require a valid statutory licence.

  • Conditional Statutory Operation Via Notification: Section 4 operates conditionally; the possession or carrying of sharp-edged, bladed, or curved weapons does not constitute an offense per se unless an active, subsisting notification under Section 4 specifically identifies the weapon description and administrative territory.
  • Operational Scope and Blade Dimensions: Prescribed notifications under the Arms Rules, 2016 typically govern swords, daggers, bayonets, and knives with blades exceeding 9 inches (22.86 cm) in length or 2 inches in width, excluding ordinary domestic cutlery, sickles, and trade implements.
  • Territorial and Temporal Strict Construction: Notifications are strictly construed according to their territorial specifications (specific districts, revenue limits, or commissionerates); an offense under Section 25(1-B)(b) cannot be founded upon a lapsed or geographically inapplicable Section 4 notification.
Key Landmark Precedents:
  • State of U.P. v. Dhanwan, 1983 All LJ 1058: The Allahabad High Court ruled that prosecution for possession of a knife or sword under Section 25 read with Section 4 is fatal if the prosecution fails to produce and tender in evidence the operative Gazette notification covering the locus and date of seizure.
  • Pawan Kumar v. State of Haryana (1996) 4 SCC 17: The Supreme Court held that the prosecution must establish not merely the physical recovery of a sharp-edged weapon, but strict adherence to the dimensions and area-specific embargo notified by the government under Section 4.
Courtroom Practice & Strategic Litigation Guidance:

In prosecutions under Section 25(1-B)(b) for carrying bladed weapons, immediately verify whether the police filed the relevant Section 4 Gazette notification with the charge sheet. In cross-examination, challenge the seizure memo if the investigating officer failed to measure the blade length, blade width, and handle separately with a certified instrument; move for discharge or quashing under Section 482 CrPC / Section 528 BNSS if no operative notification is brought on record.