Orders formation of expert committee to review action plans, conduct audits, create database to curb menace
Despite government efforts, the crime rate involving illegal ammunition is phenomenally on the increase, according to the amicus curiae. Representation Pic/iStock
In a landmark intervention aimed at safeguarding the Right to Life under Article 21, the Supreme Court has disposed of a suo-motu litigation by directing the Central government to form a high-level committee of experts. This committee is tasked with eradicating the “menace” of unlicensed firearms and the unauthorised use of legal weapons, a phenomenon the court warned could sound the “death knell of the rule of law”.
mid-day, in 2024, was the first newspaper to highlight the issue after a city-based petitioner moved the SC, raising concerns about illegal firearm usage.
2023
Year original petition was withdrawn
The case
The matter originated from a special leave petition (criminal) filed by one Rajendra Singh regarding a murder case in Uttar Pradesh. While the original petition was withdrawn in early 2023, a bench comprising Justice BV Nagarathna and Justice KV Viswanathan retained “seisin” (judicial possession) over the case.
The justices were moved by the “disturbing” frequency with which unlicensed firearms appear in serious crimes, particularly under Section 302 (murder) of the IPC.
“Unlike the Constitution of the United States, where the right to bear arms is a fundamental freedom, no such right has been conferred under the Constitution of India,” the Court observed, emphasising that firearm regulation is strictly a matter of statute.
Warning of amicus
The court appointed Senior Advocate S Nagamuthu as amicus Curiae (friend of the court) to study the proliferation of illegal weaponry. Warning that despite government efforts, the crime rate involving illegal ammunition was “phenomenally on the increase” and “slowly slipping out of control”, he categorised the threat into these groups:
1. Legal arms used for self-protection.
2. Licensed arms used for illegal purposes.
3. Smuggled weapons held by anti-social/extremist groups.
4. Desi (country-made) weapons manufactured in unlicensed local workshops.
Legislative teeth
In response to the court’s scrutiny, the Union of India detailed the Arms (Amendment) Act, 2019, which significantly hiked penalties to deter offenders:
Offense Type
Previous Punishment
New Amended Punishment
Illegal Manufacture / Sale
3-7 years
7 years – Life Imprisonment
Prohibited Arms Possession
5-10 years
7-14 years
Snatching Police Weapons
Varies
Minimum 10 years - Life
Celebratory Gunfire
Negligible
Upto to 2 years / Rs 1 lakh fine
Despite these laws, the court noted a “lackadaisical approach’ in implementation, citing a worrying rise in illegal “factories” and “workshops” across various states.
The expert committee
To ensure these laws aren't just paper tigers, the Ministry of Home Affairs (MHA) issued an Office Memorandum on August 8, 2025, constituting a Committee of Experts headed by the director general of the Bureau of Police Research and Development.
Its key committee members include:
- Joint Director, Intelligence Bureau
- Representative from the National Investigation Agency
- Home secretaries from UP, Haryana, Assam, and Delhi
- ADGs of Police from Punjab, Maharashtra, Bihar, and Karnataka
Committee's agenda:
- Review action plans submitted by all states and UTs
- Conduct audits of workshops and deal with illegal manufacturing hubs
- Create a “traceability” database for ammunition
- Formulate a unified national strategy to prevent smuggling and local “desi” production
Reactions
‘The Supreme Court exercised suo-motu jurisdiction to address the issue of unlicensed firearms in serious crimes. Notices were issued to all states, Union Territories, and the Union of India, and affidavits were requested. S Nagamuthu was appointed as amicus curiae, and subsequently, the court disposed of the matter, granting intervention and allowing suggestions to the new Committee of Experts’, Mohini Priya, advocate on record, Supreme Court of India, who appeared for an intervener.
‘All my suggestions, I hope, will be considered by the Committee of Experts, along with action plans from states/UTs, inputs from the amicus curiae, and affidavits from the Union of India. The Committee is directed to develop a nationwide plan for implementing the Arms Act, 1959, to combat illegal firearms and unauthorised use of licensed firearms in crimes. The court has appreciated all parties’ assistance and directed swift implementation, ensuring that my contribution to national policy remains protected’, statement of Amrish Kilachand, Mumbai-based intervener.
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
