Could the experts tell me if this knife is legal in India?

[Skyman]

I second moin bhai on this.Now, if the goodboy would be so good as to....hehe

[goodboy_mentor]

When i do get down to filing that rti, could you ( everyone in fact ) help me phrase the questions?

It will be simple and straightforward question/request to PIO to provide you with certified copies of Notification/s issued under Section 4 of Arms Act 1959, in force for the area of the jurisdiction of his office. Also if any other law/s or notification/s related to the possession of sharp edged weapons are in force in area of the jurisdiction of his office.

One more thing.Are serrated knives illegal in india?

As I said it depends on the notification for your area issued under Section 4 of Arms Act 1959. Therefore rather than depending on opinions or guesswork of individuals, please do an RTI to know about notifications and get the answers.

Hi GBM, If not much trouble can I rquest that all legal aspects pertaining to Edged Weapons be made into a single thread and that made into a stickyz.

It is upto the moderators/admin of this forum. The threads that I frequently need to refer, I have bookmarked them in my browser. Arms Act 1959 is the main law for regulating various aspects related to arms and Arms Rules 1962 are the rules created to implement the Arms Act 1959. If you read Section 4 of Arms Act 1959 along with Rule 19 of Arms Rules 1962, it will become clear that practically everything depends on the notification under Section 4 of Arms Act 1959. If there is no notification in force then you do not have to worry much until there is a notification.

For reading Arms Act 1959 and Arms Rules 1962, I have bookmarked this link http://www.abhijeetsingh.com/arms/india/laws/act/ Since this link is not updated with latest amendments to Arms Act 1959, I have also downloaded copy of Arms Act 1959 from MHA website.

There seems to be a lot of confusing information like the carry limit of 3.5 inch blade witin city limits, the above mentioned double edged blade being illegal, unsharpened swords etc legal because there is no edge to make it a weapon.

It depends on the notification for your area issued under Section 4 of Arms Act 1959. Notifications under Section 4 are usually issued for district or State level. Therefore rather than depending on opinions and conjectures of individuals, it is important to do an RTI with the department of Mumbai Police that deals with Arms Act 1959 to get copy of notifications in force, issued under Section 4 for your area. Also if any other law/s or notification/s related to the possession of sharp edged weapons is in force in Mumbai. The careful reading of those notifications will give you a clear picture of the legal situation related to edged weapons.

As far as question of sharp/unsharp, if there is a notification under Section 4 that requires you to get license, it would be better to get license. Because police is not going to ask first if you are innocent or guilty, it will be arrest first then explanations later in court. Nobody can predict what the court is going to decide.

[Skyman]

Goodboy- thank you very much for taking the time to post a detailed reply.I live in bangalore and so i'll have to check if any notifications are issued in bangalore right?

It will be simple and straightforward question/request to PIO to provide you with certified copies of Notification/s issued under Section 4 of Arms Act 1959, in force for the area of the jurisdiction of his office. Also if any other law/s or notification/s related to the possession of sharp edged weapons are in force in area of the jurisdiction of his office.

So i take it the above will be loosely- Me asking the officer whether there are any notifications and/or laws regarding sharp edged weapons in my area, and he will provide detailed information?
Do you think his reply will cover all bases or do i have to specify the exact questions i want the answers to?

it is important to do an RTI with the department of Mumbai Police that deals with Arms Act 1959 to get copy of notifications in force, issued under Section 4 for your area. Also if any other law/s or notification/s related to the possession of sharp edged weapons is in force in Mumbai.

should i do this seeing i live in Bangalore? ( i know it is a noob question but in case).

Thanks again.Lastly have you done this rti business before?

[goodboy_mentor]

If you are living in Bangalore, do RTI with Deputy Commissioner of Police, PRO, Bangalore Police. You can check details on Bangalore Police website.

So i take it the above will be loosely- Me asking the officer whether there are any notifications and/or laws regarding sharp edged weapons in my area, and he will provide detailed information?

Yes he should be able to provide the information since he will be from Police. If you keep the questions simple and straight forward in RTI application, the PIO may find it easy to understand or search for answers. If you make open ended questions the PIO may face difficulty understanding or search for answers. I would write questions in the following manner so that everything gets covered:

1) Please provide me one certified copy each, if there exist notifications issued under Section 4 of Arms Act 1959/ Rule 19 of Arms Rules 1962 that are in force for Bangalore city.

2) Also please let me know if besides notifications under Section 4 of Arms Act 1959, are there any other laws or notifications related to arms other than firearms that are in force for Bangalore city. If yes please provide me one certified copy each of the same.

Notifications under Section 4 are usually for local places like district or state. If there exists any notification under Section 4 for all india level, it will get covered by above question 1 itself. Why do you want to do RTI with Mumbai Police? It is mentioned for Moin since he lives in Mumbai.

RTI is not business but a citizen's right. It is a simple process, write an application on a plain paper along with usual fees of Rs. 10 and submit it to the PIO. Get reciept on photocopy of the application. You should get a reply within 30 days. For details you may directly contact PRO of Bangalore Police or search any RTI website or search "Bangalore Police RTI" in google.

[winnie_the_pooh]

1.Arms other than firearms,that would cover knives,require a license if a notification has been issued U/s 4 of the Arms Act.

2.The central govt. has delegated powers U/s4 of the Arms Act to the states.Various states have issued notifications under it from time to time covering the whole state or parts of it.The length of blade allowed without a license,also varies from state to state.

3.The state Home Ministry would be the one to ask for information on any such notification prevalent in your area

[Skyman]

Goodboy- thank you for the detailed reply.I'll put the questions across as you have.
I didn't mean the RTI is a business as much as i did process.
Lastly, do i have to mention i am specifically interested in the knife laws?

[goodboy_mentor]

Since RTI is your right, you do not need to mention why you are asking for information. WTP has point that if you want to know about state level information, you can do RTI with state Home Ministry. Also they will be knowing about Bangalore.

[Skyman]

Goodboy- is the procedure for state home ministry any different from what you have mentioned above?
Also, is there a provision to do an rti online? I googled it but only came across information on rit act.
Thanks

[goodboy_mentor]

Procedure should be the same since every State has its own RTI rules that are followed by all departments. For further details or procedure you can visit the website of Home Department of Government of Karnataka or contact them directly. I do not think there is any official procedure to do RTI online.

[Skyman]

Will follow your advice goodboy, will ask if i need further assistance.Thank you

[Skyman]

Goodboy- This is the rti form http://mha.nic.in/pdfs/rti-form.pdf i found on the ministry of home affairs website.Can i take a print out of the same, add my questions on a blank sheet of paper and straightaway go submit it at the state home ministry?

There is an option to specify if the reply has to be given in printed or electronic form.Which one is better?

I will be writing down what you posted earlier ( the two questions ).Is that comprehensive enough and should i add anything as i need specific info on blade length,types,assisted knives etc or will the notifications, if any, cover all aspects without ambiguity, as i don't want to be caught on the wrong side of the law because i did not know something?

Alternatively - http://www.mha.nic.in/uniquepage.asp?Id_Pk=286

This page says i can send an rti app to the central office in delhi.Does this mean i can write to the central office and request a copy of the national knife related notifications, besides my state and city? Isn't this a better thing to do? Or is this the wrong department?

Looking forward to your reply.

[winnie_the_pooh]

Skyman,

You are right in being very thorough in obtaining all the information possible on how to file the RTI application.In addition to losing Rs.10/- that you will have to pay as a fee,if you do not file it properly,I have heard that the consequences can be dire.You can even be placed before these chaps

[Skyman]

Winnie- going by your amicable name i will assume this is a joke....? chuckle.

Ah yes in addition to losing the tenner, i don't fancy a run in with the cops if i trip up on this rti.Are you serious? will they give me trouble?

In any case i appreciate your sense of humor, would like to see more of it on this forum.

[winnie_the_pooh]

i don't fancy a run in with the cops if i trip up on this rti.Are you serious? will they give me trouble?

All RTI applications to the Home Ministry are followed by a visit form the local police,questioning at the local police station and possible over night detention.

[goodboy_mentor]

Ha ha ha sense of humor of WTP is great

i found on the ministry of home affairs website.Can i take a print out of the same, add my questions on a blank sheet of paper and straightaway go submit it at the state home ministry?

What you found on MHA website is the format of RTI application. Yes you can use the same format on a blank sheet of paper. Write it in a good and legible handwriting or print it. Once application is completed and signed by you, in order to keep a proof of submission make a photocopy of the application so that you can get it stamped and signed by the receiving clerk. Since you will be doing RTI with Home Department of Government of Karnataka, on the top instead of "Government of India Ministry of Home Affairs" write "Home Department Government of Karnataka".

It is upto you if you want in printed or electronic form. I would prefer a certified copy(means with signature, date and official seal of the RTI officer) in printed form. Why I prefer certified hard copies? Because certified copies of documents obtained under the provisions of the RTI Act 2005 are admissible as secondary evidence under Section 63 of the Evidence Act, 1872.

Is that comprehensive enough and should i add anything as i need specific info on blade length,types,assisted knives etc or will the notifications, if any, cover all aspects without ambiguity

Since you will be asking for all notifications in force under Section 4 of Arms Act 1959, there is no need to write about length, type etc. because everything will be written in the notifications itself. The term "all notifications presently in force under Section 4 of Arms Act 1959 for Bangalore" in your question is sufficient to get "all notifications" for Bangalore. If you want "all notifications" for Karnataka, you can modify your question accordingly.

This page says i can send an rti app to the central office in delhi.Does this mean i can write to the central office and request a copy of the national knife related notifications, besides my state and city? Isn't this a better thing to do? Or is this the wrong department?

There is no harm in doing RTI with MHA, you will get copy of notifications if any, issued by MHA under Section 4 of Arms Act 1959 that are presently in force for the entire country. For doing RTI with MHA you do not have to personally visit New Delhi, you can submit application at your nearest post office that has CAPIO. For this you can visit website of Department of Posts or search in google for "CAPIO post office" and get the link.

Once you get copies of notifications, do not forget to share them here http://indiansforguns.com/viewtopic.php ... 7&start=45