Section 331 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 331 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Textual Essence (Simplified)
Section 331 deals with offenses related to the unlawful possession, use, or trafficking of firearms and prohibited weapons by private individuals.
In essence:
Any person who possesses, carries, or uses a firearm or other weapon without proper authorization or in violation of legal provisions commits an offense.
The section also criminalizes trafficking, selling, or transferring such weapons to others without a license.
Purpose of Section 331
Enhance Public Safety:
Prevents crimes involving firearms and dangerous weapons in public spaces.
Control Illegal Arms Trade:
Penalizes the sale, transfer, or possession of weapons outside regulated channels.
Deterrence:
Ensures strict punishment to discourage unlawful possession or use of weapons.
Key Elements of the Offense
To prosecute under Section 331, the following must be established:
Unlawful Possession or Use:
The offender must possess or use a firearm, explosive device, or other prohibited weapon without valid authorization.
Trafficking or Transfer:
Sale, transfer, or distribution of weapons without a license or government permission.
Knowledge and Intent:
The offender must know that the weapon is prohibited or that they lack authorization to possess it.
Penalties Under Section 331
Imprisonment: Minimum 3 years, which may extend up to 7 years depending on the type of weapon and the circumstances.
Fines: Monetary fines may also be imposed to deter commercial trafficking.
Enhanced Penalty: If the weapon is used to commit violence or crimes against individuals, penalties can be increased.
Examples of Conduct Covered
Carrying a pistol or rifle in public without a license.
Selling firearms to another person without legal authorization.
Possessing explosives or prohibited weapons like certain knives, tasers, or chemical agents.
Using a weapon to threaten, intimidate, or commit violence.
Illustrative Scenarios
Unauthorized Possession:
A person keeps a handgun at home without a license.
Application of Section 331: Imprisonment + fine.
Illegal Trafficking:
A shopkeeper sells firearms to customers without government approval.
Application of Section 331: Higher imprisonment due to trafficking.
Use in Crime:
A person uses an unlicensed firearm to threaten someone during a robbery.
Application: Section 331 + other relevant criminal charges (assault, robbery).
Comparison with Earlier Law
| Aspect | Earlier Law | BNSS Section 331 |
|---|---|---|
| Scope | Firearms Act and IPC provisions | Broader coverage including all prohibited weapons |
| Possession | Focused on firearms | Includes weapons, explosives, and dangerous devices |
| Trafficking | Limited mention | Explicitly criminalizes sale and transfer without license |
| Penalties | Varied | Clear minimum and maximum imprisonment, fines |
Practical Impact
Tight regulation of firearms and weapons ensures safer public spaces.
Reduces illegal arms trade, which is a major contributor to crime.
Clarifies legal boundaries for citizens regarding weapons possession.
Enhanced deterrence: Combining imprisonment and fines discourages violations.
✅ Summary
Section 331 of BNSS, 2023:
Offense: Unlawful possession, use, or trafficking of firearms or prohibited weapons.
Key Points: Requires knowledge, intent, or participation in unauthorized activity.
Penalty: Imprisonment (3–7 years) + fines; harsher if used in crime.
Purpose: Protect citizens, regulate arms, and deter illegal trade or violent use.
RELATED Blog
comments