Criminal responsibility of persons in occupation of premises in certain cases
Section 35 of the Arms Act, 1959 deals with criminal responsibility of persons in occupation of premises in certain cases. Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe The Act came into force on 01 Oct 1962.
Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone.
Section 35, The Arms Act, 1959 (Act 54 of 1959).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sunderlal Kanaiyalal Bhatija vs State of Maharashtra
Court's Decision & Legal Precedent
Confessional statements recorded under Section 15 of the Terrorist and Disruptive Activities Act, 1987 are admissible in evidence only in trials for offences under the TADA Act or rules framed thereunder. Such confessions cannot be used in separate criminal cases where TADA charges have been dropped and the trial is only for offences under the Indian Penal Code or other laws. The exception created by Section 15 to the general rule in Section 25 of the Indian Evidence Act applies only when the trial is for TADA offences. When offences are tried together in the same trial as connected offences under Section 12 of TADA, confessions remain admissible even if the accused is acquitted of TADA charges, but this principle does not extend to separate trials in different cases.
On this section: Additional charges in the separate criminal case relating to illegal possession or use of arms.
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Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar
Court's Decision & Legal Precedent
When an accused has been in custody for a substantial period and the primary evidence sought by the investigating agency (looted articles) has not been recovered from the accused's possession, bail should be granted, particularly when the only recovery is of a firearm unrelated to the primary charge of dacoity. The court must balance the right to liberty against the severity of charges and the strength of evidence.
On this section: Penalty for illegal possession of arms - applicable to the petitioner
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Md.chhotu vs State of Bihar
Court's Decision & Legal Precedent
When an accused is caught at the crime scene with incriminating articles in a case involving serious charges such as attempted murder and illegal arms possession, bail should not be granted as the evidence of guilt appears strong and the accused poses a risk to public safety.
On this section: Illegal possession of firearms - charge against petitioner
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Rahul Kumar& ANR. vs The State of Bihar
Court's Decision & Legal Precedent
Recovery of illegal firearms and ammunition from the possession of accused persons constitutes sufficient grounds to reject bail applications, as such recovery demonstrates the serious nature of the charges and the potential danger posed by the accused, notwithstanding claims of false implication.
On this section: Penalties and provisions related to illegal arms possession
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Jitendra Nat @ Din Dayal Nat @ Dayal Nat vs The State of Bihar
Court's Decision & Legal Precedent
When an accused is charged with serious offences including dacoity and illegal firearm possession arising from the same occurrence, and has already been granted bail in a related case, the High Court may grant bail in the present case with appropriate sureties and conditions, balancing the principles of individual liberty, presumption of innocence, and public interest, provided that the bail conditions are stringent enough to ensure the accused's appearance in court and compliance with legal obligations.
On this section: Illegal possession of firearm—cited as one of the charges in the present case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 35
What have the courts held on Section 35 of the Arms Act?
Sunderlal Kanaiyalal Bhatija vs State of Maharashtra (31 Mar 2010) is the leading judgment on this section among those set out below: Additional charges in the separate criminal case relating to illegal possession or use of arms. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2010 to 2019.
How do I find court cases under Section 35 of the Arms Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arms Act 35, section 35 Arms Act, section 35 of the Arms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Sunderlal Kanaiyalal Bhatija vs State of Maharashtra (31 Mar 2010).
When did Section 35 of the Arms Act come into force?
Section 35 of the Arms Act, cited as Arms Act 35, came into force on 01 Oct 1962, having been enacted on 23 Dec 1959. It is in force as at the date shown on this page.
Other sections of this Act
- 25. Punishment for certain offences1755 words
- 2. Definitions and interpretation734 words
- 44. Power to make rules681 words
- 24A. Prohibition as to possession of notified arms in disturbed areas, etc618 words
- 17. Variation, suspension and revocation of licences579 words
- 24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas etc560 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.