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

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Re: Could the experts tell me if this knife is legal in Indi

Post by Skyman » Tue May 08, 2012 7:40 pm

my friend's victorinox blade broke when we were digging out air gun pellets from wood.hence my apprehensions.
trouble-mad dog etc
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Re: Could the experts tell me if this knife is legal in Indi

Post by goodboy_mentor » Tue May 08, 2012 11:37 pm

remember i asked them for any and all notifications issued.If there were central notifications,they should have sent them over.But rather they have evaded replying by saying the state has imposed no restrictions.Do you see why i am not confident of a reply even if i do an rti? Speaking to a knowledgeable person is a worthier alternative.
You can appeal to the appellate authority of RTI that you have not been provided complete or specific information sought in RTI application. Or you can make another RTI application to know about central restrictions they have mentioned in your previous RTI application. For more details about RTI you may post in some RTI forum, you will find many people who have RTI experience can guide you in this matter.
category 5 says notifications maybe issued for blades longer than 9 inches and wider than 2 inches for different areas.By the MHA answer there are none at all issued by the state govt.If only central notifications prevail, my understanding is that NO restrictions apply in this state.Is that correct, as the center has not specified any specifics but mere guidelines...?
Notification issued under Section 4 of Arms Act 1959 has force of law regardless whether it is for more or less than 9 inches etc. written in category five. If such a notification is in force, police will go by the notification and not listen to your logic about category five. Person will be arrested, put in lockup in police station, all the legal machinery will be set into motion to sap his energy, time, money, respect, every type of torture will begin. Will have to go to at least High Court or may be also Supreme Court to fight against the notification, that it is against the length mentioned in category five. Nobody knows if the judgment will be in your favor or against you. So it is your choice if you want to experiment by giving importance to Category V of Schedule I of Arms Rules 1962 or confirm about Notifications under Section 4 of Arms Act 1959. Hope the matter is crystal clear to you now.
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Re: Could the experts tell me if this knife is legal in Indi

Post by Skyman » Wed May 09, 2012 8:25 am

look, i understand that i can go to jail if officials get cranky.what i am saying is this.the state has issued no restrictions.IF it turns out the centre has issued no restrictions regarding knives, then there are no restrictions of any kind prevailing in the state.yes?
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Re: Could the experts tell me if this knife is legal in Indi

Post by mundaire » Wed May 09, 2012 9:49 am

Skyman wrote:look, i understand that i can go to jail if officials get cranky.what i am saying is this.the state has issued no restrictions.IF it turns out the centre has issued no restrictions regarding knives, then there are no restrictions of any kind prevailing in the state.yes?
Correct! No restrictions, other than those already mentioned in the Arms Act/ Arms Rules as posted earlier in this thread.
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Re: Could the experts tell me if this knife is legal in Indi

Post by Rajat » Wed May 09, 2012 5:40 pm

Skyman wrote:my friend's victorinox blade broke when we were digging out air gun pellets from wood.hence my apprehensions.
And which EDC category knife will not break under abusive conditions? You have to know the limitations and where to stop. The primary purpose of a knife is to be used as a cutting instrument and not prying, digging and gouging etc. This is true specially for folders and lighter and smaller EDC knives which is what I guess we were discussing here.

trouble-mad dog etc
Ya go fight and scare them away with a knife :roll: :? ROTFL ROTFL

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Re: Could the experts tell me if this knife is legal in Indi

Post by Priyan » Wed May 09, 2012 5:58 pm

Rajat wrote:Ya go fight and scare them away with a knife :roll: :? ROTFL ROTFL
Maybe he was talking about him Image
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Re: Could the experts tell me if this knife is legal in Indi

Post by Skyman » Wed May 09, 2012 10:02 pm

do you know how far in that pellet was?just the deformed head,the tail was sticking out.If a blade can't take getting a 12 grain bit of lead out of a board, the hell is the point of carrying? pencil sharpening?

Some of the folders out there are good enough to saw wood with if you are patient enough.I hardly would refer to the above as abusive usage.

How stupid, mad dogs are not in their senses,because they are MAD!!!! i use a knife to kill/injure it not perform a war dance hoping to scare it away. :lol: :lol:

Priyan +1 the gta reference

Abhijeet- i just thought of this.what if the official misunderstood my question as has the state govt passed any law rather than notification? seeing i asked for any and all notifications and they didn't tell me which ones...? meh
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Re: Could the experts tell me if this knife is legal in Indi

Post by mundaire » Wed May 09, 2012 10:04 pm

Skyman wrote:Abhijeet- i just thought of this.what if the official misunderstood my question as has the state govt passed any law rather than notification? seeing i asked for any and all notifications and they didn't tell me which ones...? meh
They cannot! Arms are a central subject as far as legislation goes...
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Re: Could the experts tell me if this knife is legal in Indi

Post by Skyman » Wed May 09, 2012 10:07 pm

the question still begs answering.why if when i have asked for any and all notifications which should have included state and central have they simply said the state govt has issued no such notifications instead of listing the central ones instead??
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Re: Could the experts tell me if this knife is legal in Indi

Post by mundaire » Wed May 09, 2012 10:14 pm

Probably because Section 4 empowers the state to do so, which as they have said they have not done. For the central law, you need only buy the latest copy of the Arms Act/ Arms Rules (bare act).

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Re: Could the experts tell me if this knife is legal in Indi

Post by Skyman » Wed May 09, 2012 10:19 pm

i have a question.section 4 empowers states, seeing the state has not, could the center have issued restrictions other than those mentioned in the acts?
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Re: Could the experts tell me if this knife is legal in Indi

Post by mundaire » Wed May 09, 2012 10:24 pm

Skyman, if you want a definite answer, which will hold up in a court of law w.r.t your having dotted your "i"'s and crossed all your "t"'s - please write an RTI to the Ministry of Home Affairs, Govt. of India, New Delhi. Obviously you cannot use the opinions posted on this thread as a legal defence... which is probably what you are seeking.

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Re: Could the experts tell me if this knife is legal in Indi

Post by Skyman » Wed May 09, 2012 10:34 pm

correct, thank you for understanding.I know it might be tiresome for members to hear me droning on about some detail or the other, but it could mean behind bars, or not :cheers: :)
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Re: Could the experts tell me if this knife is legal in Indi

Post by mundaire » Wed May 09, 2012 10:40 pm

"on not" is not a guarantee even then. May be an idea to invest some few tens of thousands in a good criminal lawyer as well, just as a precaution. :)

Cheers!
Abhijeet
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Re: Could the experts tell me if this knife is legal in Indi

Post by raghavchalotra149 » Wed May 09, 2012 10:46 pm

any knife is legal besides the fact that its blade length is lesser than 6 inches

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