Published Paper Details:

Human have always prioritized their safety from various harms present in society, like animals, natural calamities, accidents, and even fellow human beings. Safety from each of the above requires a different approach, hence, for safety from an individual one needs to have a weapon to defend himself. Society needs to have control over who can and who cannot use weapons and arms, for this government has laid down certain provisions and laws related to arms and ammunition, referred to as the "arms act". These arms acts in India have existed since the state existed. In historical books like "Arthashastra" by Kautilya, there are provisions given about how, when, and who can use arms like swords, spears, etc. that were used in that period. In India, the main law related to arms provisions was introduced by the Britishers to restrain Indians from using and possessing arms. This arms control act was passed by Britishers mainly in the year 1878, but it was quite biased, the restrictions were put only on Indians and not Europeans who resided in India. The principal gun control act is that of 1959, which restricts people without a license to own, manufacture, sell, use, or trade any arms and ammunition. It is to be noted that every country has different perceptions and laws related to arms. Some countries like the United States of America, have more flexible and less strict laws than India. In fact, in America, possession of arms is considered to be their tradition, which is also safeguarded by the Second Amendment Act, which makes owning arms a legal right in America. Thus, in India, the possession of arms is a privilege but in America, it is a right. The study will focus on the Present Scenario of the Arms Act, with a comparative study with that of America. The paper primarily focuses on the Arms Act of 1959, with a comparison to America and its Second Amendment act, the thesis will also discuss the legal overview, historical background, and prohibitions related to arms and ammunition in both India and America.