Power to demand production of licence

[nagarifle]

19. Power to demand production of licence, etc.



(1) Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the production of his licence from any person who is carrying any arms or ammunition.

(2) If the person upon whom a demand is made refuses for fails to produce the licence or to show that he is entitled by virtue of this Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from t hat person the arms or ammunition which he is carrying.

(3) If that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant.



my question is, does this mean that any cop ie constable etc or does it have to be of an officer rank, can ask for licence or " officer specially empowered in this behalf by the Central Government" if so how does one know that? and who are they?

[Katana]

Naga,

In western India not all policemen, especially constables can read English. If such a situation does arise, it is most likely to be during transport of firearms. Now for a normal beat or traffic policeman it is virtually impossible for him to read and decipher the entries in a license since the babu, who having written them cannot read it himself. That is the level of scribbling that is carried on in licenses. So he would do the next best thing..... march you off to the cop station where probably the SHO will question you and act accordingly.

Actually it's the same story as the Motor Vehicles Act. Under this law only an officer above the rank of Assistant Police Inspector can demand your car papers and driving license. No traffic constable or warden can stop a moving car or demand papers legally. Similarly, I presume that the ordinary constable would be fearful of getting himself entangled in anything to do with firearms. In fact, how many of them would even be able to classify different types of firearms?

I've had funny cases with the police where I have given them my expired license to check. No problem sir, please go. In another instance, on being asked to show the car registration papers I gave him a copy of the insurance, only to be told to have it stamped from the RTO. There is joke going around in the motoring forums lately. It so happened in Bangalore that two friends were stopped at a check point at night. They were in a left hand drive jeep. The cop, obviously standing on the right asked for a breath test for alcohol on the guy who was travelling as passenger. That done he waved them on. I'm likely to believe this actually happening.

If a person carries his license or a copy that is notarised and produces it for inspection alongwith his firearm what is the harm if the asking person is a policeman? As long as one is in the right side side of the law, he has nothing to fear.

[nagarifle]

Naga,

If a person carries his license or a copy that is notarised and produces it for inspection alongwith his firearm what is the harm if the asking person is a policeman? As long as one is in the right side side of the law, he has nothing to fear.

thanks Katana, just shows one does not know from left or right. the problem i find with the statement made above is that this would lead to any one asking and demanding above what is lawful as written in the Arms Act. unknowing we would be giving them the power, this should not happen, the cops should do what is lawful for them to do and not force their thinking or understanding on others. one needs to stay within the law. that means the cops too right?