Are legal in India Switchblade Knuckle Balisong?

[russianshooter]

hello frends!

Are legal in India switchblade knuckle balisong?

[goondasmani]

no a knife its self illegal to carry around unless its a farming tool or working tool

[russianshooter]

what about knuckle?

[goodboy_mentor]

If there is no Notification issued under Section 4 of Arms Act 1959, it is legal to possess edged weapons without license. Arms Act 1959 will not be offended. If there is a Notification issued under Section 4 of Arms Act 1959, then possessing edged weapons becomes illegal without getting license under Arms Act 1959.

[SMJ]

It seems you can legally posses a knife which is less than 9 inches of blade length and less than 2 inches wide according to the Arms Act from what I remember reading on this forum. Switch blades ( known as Rampuri's in India as far as I know) are deemed illegal even if it is below the stipulated length of 9 inches as far as I am aware. I do not know about Knuckle blades.
However in India possession of a edged weapon is really situational based in the eyes of the law I suppose. e.g. taking even a 3 inch blade to a cinema would not really be acceptable and I guess it will definitely be viewed as threatening but if you are camping on privately owned lands I don't think even a 7 inch blade should be a problem. There are others on the forum who can give you a more concrete answer though.

[russianshooter]

thanks

[goodboy_mentor]

It seems you can legally posses a knife which is less than 9 inches of blade length and less than 2 inches wide according to the Arms Act from what I remember reading on this forum. Switch blades ( known as Rampuri's in India as far as I know) are deemed illegal even if it is below the stipulated length of 9 inches as far as I am aware. I do not know about Knuckle blades.
However in India possession of a edged weapon is really situational based in the eyes of the law I suppose. e.g. taking even a 3 inch blade to a cinema would not really be acceptable and I guess it will definitely be viewed as threatening but if you are camping on privately owned lands I don't think even a 7 inch blade should be a problem. There are others on the forum who can give you a more concrete answer though.

It is not a matter of inches or switch blades but a matter of Notification issued under Section 4 of Arms Act 1959. If the Notification says that one needs license for even 3 inches knife or switch blade knife, it will be illegal without license unless the court rules in your favor. Till then legal machinery will switch into action, one will be either in jail or on bail. Reading of Section 4 of Arms Act 1959 along with Rules 18 and 19 of Arms Rules 1962 would bring more clarity about this matter. Rules 19 of 1962 clearly says that unless there is a Notification, there will be no need of licenses. There are many states that have Notifications in force. To know if there is Notification or not, one can do an RTI with the Home Department of his State Government to provide with copy of Notifications in force under Section 4 of Arms Act 1959.

Section 4 of Arms Act 1959 -

4. LICENCE FOR ACQUISITION AND POSSESSION OF ARMS OF SPECIFIED DESCRIPTION IN CERTAIN CASES

If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in
accordance with the provisions of this Act and the rules made there under.

Rules 18 and 19 of Arms Rules 1962 -

18. APPLICATION OF SEC. 4 OF THE ACT
In any area specified in the notification issued by the Central Government under Sec. 4, licenses for acquisition, possession or carrying in that area of arms of such class or description as may be specified in that notification, may also be granted or renewed as provided in Schedule II, subject to such conditions as are specified in that schedule and in the license.

19. ARMS OTHER THAN FIRE ARMS
Unless the Central or State Government by notification in the Official Gazette so directs, no license shall be required for the manufacture, sale, possession for sale or test, of arms of category V except in the areas notified under Sec. 4.

[SMJ]

Thanks GBM Does make it a bit ambiguous though doesn't it?

[goodboy_mentor]

Thanks GBM Does make it a bit ambiguous though doesn't it?

Yes your observation is correct since Category V in Schedule I of Arms Rules 1962 talks of 9 by 2 inches blade limitation. The Notifications should not cover weapons at or below these dimensions. But this is India, the Parliament has delegated law making power through Notification under Section 4 of Arms Act 1959 to the executive branch of Government. Once the Notification is issued regardless of dimensions mentioned in Arms Rules 1962, it is a "law in force" until struck down by courts or withdrawn by the executive. The cops will swing into action and the accused(even if ultimately declared innocent) will go through all the publicly humiliating and miserable motions of law in action. Such Notifications are already in force in some States and nobody has challenged them in High Courts or Supreme Court. This is the unfortunate reality.

[chetan4shooting]

Where and how can we aquire licence for carry a knife above 3 inches or swords , asking for other than exempted people of sikhs and gorkha community...