Unlicensed Firearms: SC directs Centre's Committee of Experts to consider suggestions made by States, UTs

The Supreme Court has recently directed the Committee of Experts constituted by the union government under the Chairmanship of the Director General, Bureau of Police Research and Development (BPR&D), to consider the suggestions made by the States/Union Territories and as well as the suggestions made by the Amicus Curiae and ensure that the concerns expressed by the Court are taken into consideration for the purpose of the effective implementation of the Arms Act and for curbing the menace of illegal firearms and unauthorised use of legal firearms particularly in the commission of crimes and offences across the country. 

Notably, the committee was constituted in July this year to suggest a plan to address and curb the menace of illegal firearms and the unauthorised use of legal firearms across the country. 

In 2023, the top court had taken note of the matter concerning the proliferation of unlicensed fire arms as a phenomenon which appeared to be very common. Court had found it to have very serious consequences both in terms of the right to life as also the administration of justice.

Senior Advocate S. Nagamuthu, the Amicus Curiae, had told court it was necessary to deal effectively with the matter, and the Court to get inputs and suggestions from all the States and the Union Territories of the country. 

States and States/Union Territories were asked to file their response indicating as to the contours of the problem of unlicensed fire arms in the form of figures relating to the cases under the Arms Act which involves the use of unlicensed fire arms. 

In March 2023, a bench comprising Justices KM Joseph and BV Nagarathna had opined that because firearms were so widely available, the number of cases of illegal possession had reached to 25,000 and there was an ongoing increase. Court had registered a suo moto case against the use of unlicensed firearms in the country to address and curb significant illegal possession of firearms.

Apex Court had noted that unlike in the US constitution, where the right to bear arms is a fundamental right, no such right has been conferred on anyone under the Indian Constitution by the wisdom of our founding fathers.

The issue emanated from a case where Supreme Court found that according to the prosecution case, an unlicensed fire arm was used in commission of the offence involving Section 302 IPC also.

"We have come across cases where there is this phenomenon of use of unlicensed fire arms in the commission of serious offences and this is very disturbing. Unlike the Constitution of the United States where the right to bear fire arms is a fundamental freedom, in the wisdom of our founding fathers, no such right has been conferred on anyone under the Constitution of India. The matter relating to regulation of fire arms is governed by Statute, viz., Arms Act, 1959, inter alia. It is of the greatest significance to preserve the life of all, that resort must not be made to unlicensed fire arms. In particular, if unlicensed fire arms are freely used, this will sound the death knell of rule of law.", the top court had said.

Case Title: RAJENDRA SINGH vs. STATE OF UTTAR PRADESH 

Bench: Justices BV Nagarathna and KV Vishwanathan