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Is Taser legal in india and where to get a one?

A posts related to self defence/ home defence. Please post anything related to legal aspects in the 'Legal Eagle' section.
robert1
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Re: Is Taser legal in india and where to get a one?

Postby robert1 » Wed Dec 30, 2009 5:43 pm

ScoutSniper wrote:
mundaire wrote:You could always try pepper spray... it's legal and made in India and best of all it's available all over the place at reasonable prices...

Cheers!
Abhijeet


yup! thats available at all the Chemist shops! :)




Is taser really legal in India? If that so, many people will use taser as self defense. It's dangerous.



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Olly
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Re: Is Taser legal in india and where to get a one?

Postby Olly » Fri Feb 26, 2010 12:48 pm

Sheds out about 1,80,000 volts... !



gjoshi
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Re: Is Taser legal in india and where to get a one?

Postby gjoshi » Mon May 17, 2010 9:11 pm

I do not know abot Tasers, bt Stn gns are freely available in India. Check ot www.mangalindia.com . And say thanks . I got one from KL for 1500. These cost arond 2500-3500 here in India



Hear_A_Tick
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Re: Are stun guns and taser gun legal in India?

Postby Hear_A_Tick » Tue Jun 01, 2010 1:17 pm

I think the Law may have dribbled itself into a corner. There is no standard definition for “Arms”; even a common slingshot would come under the purview of the Arms Act since it is capable of being used as a weapon (“projectile” being propelled by “other forms of energy”). We need to remain focused on essentially two words here: “Firearm” and “Ammunition FOR ANY FIREARM”. If you’re bothered about Section 2 (iii), i.e., “ … other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not …”, neither the Taser nor Pepper Spray canister contains the items cited nor “NOXIOUS GAS”. Pepper Spray, like chemical MACE/CS/CN irritant is actually a non-explosive, non- fulminating, and non- fissionable POWDER delivered via a non-noxious liquid vehicle. And neither the Taser nor the so called “Tear Gas” comes under the reference of “Firearm”. I use the term “Reference” deliberately because neither the Arms Act nor the Arms Rule have a precise legal definition for Firearm that jives with the characteristics of the Taser and the so called Tear Gas. Also see Classification of Arms and Ammunition per Column 2 and 3 of Schedule 1.

Now for a brief discussion on the phrase, “or other such thing”: Firstly, a reasonable, commonsensical interpretation would be, “or OTHER MATERIAL SIMILAR TO explosive, fulminating or fissionable material or noxious liquid, gas…”.I can’t think of any other such similar thing, can you? This brings us to the pivotal point of this “Law”; whether this “Law” is in fact LEGAL! The Arms Act as well as the Arms Rules is liberally strewn with sufficiently vague language to make its interpretation arbitrary and discretionary. For instance, “other articles containing, or designed or adapted to contain … or other such thing, whether capable of use with firearms or not,… “.Arms Act. Chapt. 2 (iii). “"arms" means articles of any description designed or adapted as weapons for offence or defence, …” Arms Act. Chapt.2( c). "firearms" means ARMS OF ANY DESCRIPTION designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive OR OTHER FORMS OF ENERGY, and includes-- (i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas OR OTHER SUCH THING,“.Arms Act. Chapt. 2 (e). “..weapons of any description … “(OK. SO WHAT’S THE LEGAL DEFINITION OF “WEAPON”?).Arms Act. 35 (ii) (ii). Many, many more examples of such occurrences of this “Law” being over-broad and unconstitutionally vague, which makes for it being no law. To be constitutional, a law must be specific enough to define parameters of required expectations and not depended on "the subjective understanding” of enforcement personnel or the courts operating without any specific guidance as it gives them unleashed discretion. More importantly, constitutional expectation of “equality under the law” is a farce in such cases if dispositions in different courts for similar “crimes” have been adjudicated differently.

It would be interesting to see if this Law could survive a halfway serious legal challenge.

Mr. Amrinder Sehgal of Mascot Technologies (New Delhi) has Chinese Tasers for sale at Rs. 11,000/- including Shipping. They come with three replacement cartridges. That is US $270 (around $200 more than if directly purchased thru’ WWW dot ALIBABA dot COM. They have the same effect of the US brand TASER (which costs $300 – 350). Mascot Tech also markets other interesting articles that might raise a curious eyebrow for die-hard fans of the Arms Act, e.g., steel batons, telescoping rods with stun gun and “tear gas” capability, tec. (Why does it almost always take a Sardar to be first in line when standing up to arbitrariness?).

India Customs has come a long way from the greedy ‘bukhards’ they once were seen to be. Since they are “Masters” in classifying contraband, who knows, on a good day, our friendly masturbators may actually approve your parcel for delivery. In my opinion, one test of legality for possession is if the article has been declared as a “Taser” gun (or something similar) by the Shipper, and is delivered to you as such upon payment of Import Duty. Of course, Taser possession and Taser use are two different issues one needs to assess. But I suggest you contact Mr. Sehgal for details if you are considering doing business with him. I don’t recommend contacting the Customs “Masters” or local police as their response will, in all likelihood, be a biased, personal opinion. And this might alert them to more biased scrutiny of honest, law-abiding citizenry who already possess these articles of personal safety and protection. See Link below

http://www.alibaba.com/product-free/110 ... _2010.html



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indistun
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Re: Is Taser legal in india and where to get a one?

Postby indistun » Fri Sep 10, 2010 11:52 am

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The Lightings Digital Cameras Decorations Safety Patron saint

Hear_A_Tick
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Re: Is Taser legal in india and where to get a one?

Postby Hear_A_Tick » Fri Sep 17, 2010 3:17 am

Earlier on this forum (Tue Jun 01, 2010 12:47 am), I offered an opinion on the inapplicability of Arms Act on the possession of Stun Guns/Tasers and “Tear Gas”. I have been asked to expound on my challenge to the statement, “or other such thing” with reference to the decretal language in the Arms Act. Chapt. 2 (iii), and me assessing the phrase as meaning “or OTHER MATERIAL SIMILAR TO explosive, fulminating or fissionable material or noxious liquid, gas…”.

Without delving too deep into legal jargon, suffice it to say that for a law to be constitutionally valid it must be specific; not speculative. Here, the rule of "ejusdem generis" applies which means including only substances of the same type as those specifically mentioned in the list. Following this rule, I believe I deduced correctly that, “I can’t think of any other such similar thing, can you?” referring to “explosive, fulminating or fissionable material or noxious liquid, gas…”.

Another rule of statutory interpretation is inclusio unius, exclusio alterius (Latin: include one, exclude others). If a statute specifically refers to “explosive, fulminating or fissionable material or noxious liquid, gas…” and does not mention compressed air, spray cologne, colored dye dispenser pumps (as used during the Holi festival), or slingshots, etc. the courts are bound to obey this rule. It is not within the purview of judges to innovate or improvise on its meaning, nor expand on its interpretation beyond what lawmakers specifically say!

THIS IS WHY LAWS MUST BE SPECIFIC! Specific, so a reasonable person fully understands exactly which act is considered criminal.

There are several citations in India Case Law that address statutes that are over-broad and “Void for Vagueness”. Judges must, under the doctrine, have a clear understanding of how they are to approach and handle a case leaving very little to arbitrariness and individual, subjective prejudices.

But, be advised, just because a law is “vague” doesn’t mean it is automatically invalid. Nevertheless, an impartial Tribunal resorts to (rather, SHOULD resort to) the “rule of lenity” and resolve the ambiguity in favor of the defendant.

Again, let me caution you that there’s a world of difference between POSSESSION and USAGE.



Vikram thiru
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Postby Vikram thiru » Sat Sep 16, 2017 1:05 pm

Please refer to the rules for trading on IFG- Moderator




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