Is 25 arms act bailable or non bailable?

Asked by: Arturo Flatley Jr.  |  Last update: January 31, 2026
Score: 4.2/5 (58 votes)

Offenses under Section 25 of India's Arms Act, 1959, are generally considered non-bailable, meaning bail isn't a right and depends on judicial discretion, especially for serious cases like possessing illegal firearms, but courts can grant bail in specific circumstances, balancing public safety with individual liberty, often imposing strict conditions. While some older interpretations or specific sub-sections (like 3/25) have seen arguments for being bailable, modern judicial practice leans towards treating violations under Section 25 as serious, requiring a strong case for bail, particularly if there's intent to misuse or a history of offenses.

Is 25 arms act bailable?

Is it possible to get bail under Section 3/25 of the arms act? The offence under Section 3/35 Arms Act is a bailable offence. Hence, getting bail under Section 3/25 of Arms Act is possible.

Which cases are non-bailable?

Common Examples of Non-Bailable Offences

  • Murder (Section 302 IPC/Section 103 BNS) - Unlawfully causing death with intention.
  • Attempt to Murder (Section 307 IPC/Section 109 BNS) - Taking steps toward killing someone.
  • Rape (Section 376 IPC/Section 70 BNS) - Sexual assault without consent.

What is the punishment for Section 25?

[(1AB) Whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.]

What does the 25 Arms Act regulate?

The Arms Act regulates the licensing, possession, manufacture, sale, and transport of arms and ammunition. Without a valid license or authorization under the Arms Act, having arms or ammunition is illegal. Penalty: The law provides punishment for unauthorized possession or carrying.

How is bail granted under Sections 25, 54, and 59 of the Arms Act?

20 related questions found

What is the penalty for violating the Arms Act?

18 USC § 922(k), (o) & (v); 26 USC § 5861. Punishable by up to 5 or 10 years imprisonment, depending upon specific violation.

What is the meaning of Section 25?

Section 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law. Previous Next. An agreement made without consideration is void, unless.

What are the 4 types of punishment?

The four main types of punishment in criminal justice are retribution, deterrence, incapacitation, and rehabilitation, each serving a different goal: making offenders pay for their crime (retribution), discouraging future crime (deterrence), preventing them from committing more offenses (incapacitation, e.g., prison), or changing their behavior to be law-abiding (rehabilitation). 

Are there exceptions to the Arms Act?

One such exception, the predicate exception, leaves gun manufacturers and others open to civil liability if (1) they knowingly violated a federal or state statute regulating the sale or marketing of firearms, and (2) the defendant's violation was a proximate cause of the plaintiff's injuries.

What is Section 25 of the Criminal Justice Act?

25 No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences.

What are the offenses that are not bailable?

Non-Bailable Offenses

  • Murder (Article 248, Revised Penal Code)
  • Rape (RA 8353 or the Anti-Rape Law of 1997)
  • Plunder (RA 7080, as amended by RA 7659)
  • Kidnapping for Ransom (Article 267, Revised Penal Code)

How to handle a non-bailable warrant?

Filing a Quashing Petition Under Section 482 of the CrPC

You can approach the High Court to quash the NBW if it was issued without just cause or in violation of procedural requirements. Grounds for quashing include: Lack of proper service of summons. Errors in judicial procedure during the issuance of the warrant.

What offenses are bailable?

Generally, all offenses are bailable unless a judge decides otherwise. Certain misdemeanors may not be bailable if the accused poses a flight risk.

What is the difference between bailable and non-bailable?

For bailable offenses, the accused can be released on bail without going through a court trial. In non-bailable offenses, the accused must attend court proceedings and apply for bail in front of a judge. In bailable offenses, the court has the discretion to grant or deny bail based on the circumstances.

Can NRI get gun license in India?

Returning NRIs can obtain an Indian licence if they have possessed a firearm during their overseas residency for more than two years. 6. Foreign Nationals, under acceptable circumstances, can legally possess and carry firearms for up to six months during their stay in India.

What is Section 25 of the IPC?

Description. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Who has the strictest gun laws in the USA?

California consistently ranks as the state with the strictest gun laws, leading in comprehensive safety regulations like assault weapon bans, universal background checks, and red flag laws, followed closely by states like Illinois, Massachusetts, New York, and New Jersey. These states generally implement strong universal background checks, waiting periods, permits to purchase, and restrictions on certain types of firearms, leading to lower gun death rates compared to less regulated states.
 

What guns are not protected by the 2nd Amendment?

The Second Amendment generally doesn't protect "dangerous and unusual" weapons, particularly those not in common use for lawful purposes, with machine guns being a prime example, while assault weapons and high-capacity magazines are often considered outside protection by some courts, though the scope of "common use" remains debated, with handguns typically considered protected. 

What are the key provisions of the arms Act?

(5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances.

What are the 5 reasons for punishment?

Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.

What is Type 1 and Type 2 punishment?

Type 1 punishment: is application of an aversive event after a behavior. Type 2 punishment: is removal of a positive event after a behavior. Technically punishment is a decrease in the rate of a behavior.

What are the 4 death penalties?

The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts.

What is Section 25 of the Arms Act?

25. Punishment for certain offences. (d) brings into, or takes out of, indya ,any arms or ammunition f any class or description in contravention of section 11, shall be punishable with imprisonment for a tram with shall not be less than three years but with may extend to seven years and shall also be liable to fine.

How does Section 25 protect individuals?

Section 25 does not create any new rights but rather protects against the abrogation or derogation of existing aboriginal, treaty or other rights or freedoms by the protections in the Charter (Dickson, supra, at paragraphs 152 and 160).

What is Section 25 of the Code of Criminal Procedure?

The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. Save as otherwise provided in Sub-Section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.