Q Is Section 25 of the Arms Act a Bailable or Non-Bailable Offence?

The answer depends on the offence and subsection of Section 25 that is being anticipated.

All the offences under Sections 25 of Arms Act, 1959, in most cases relate to non-bailable offences when the excise arms possession prohibited fire arm & ammunition is involved or serious violations of arms laws.

But, however minor offences under the Arms Act may be perceived, they could be treated differently to context:

The exact subsection applied

The type of weapon recovered

State notifications

Facts of the case

Common Position in Practice

In case, an FIR is registered under:

Arms Act 3/25 (possessing a firearm without a license)

Section 4/25 Arms Act

Offences that involve weapons, and in particular imported pistols, revolvers or other prohibited weapons

Such offence are generally categorized as non-bailable offences and the accused has to seek bail by moving an application before the court.

Can Bail Still Be Granted?

Yes.

Non-bailable does not translate into no bail

A court may release on bail the accused person after seeing and considering:

Nature of the weapon

Criminal history of the accused

Recovery circumstances

Evidence collected

Length of custody

Stage of investigation

Distinction between Bailable and Non-Bailable Offences

Bailable Offence

Bail is typically a matter of right.

Bail may also be granted at the police station itself.

Non-Bailable Offence

They apply for bail at the discretion of the court.

Normally the accused can apply for bail before a Magistrate or Sessions Court.

Conclusion

The most commonly registered offences under Section 25 of the Arms Act, especially Section 3/25 cases involving possession of firearms without valid licenses (for example, to carry revolvers or pistols), are always treated as non-bailable offences. But whether a case is bailable or non-bailable, depends on the specific subsection and fact of the case.