Madhya Pradesh High Court
Krishna Mishra Minor Through Natural ... vs The State Of Madhya Pradesh on 18 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:6365
1 WP-33181-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
WRIT PETITION No. 33181 of 2025
KRISHNA MISHRA MINOR THROUGH NATURAL GUARDIAN
BOBBY MISHRA AND ANOTHER
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Upendra Yadav - Advocate for the petitioners.
Shri Rajendra Jain - Govt. Advocate for respondents/State.
Reserved on : 10/02/2026
Delivered on : 18/02/2026
ORDER
With the consent of parties, the matter is heard finally.
1. The instant writ petition filed under Article 226 of the Constitution of India seeks the following reliefs: "(a) That, the order (Annexure-P/1) may kindly be quashed.
(b) That, respondents may kindly be directed to grant the arms license to the petitioners for the purpose of training.
(c) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."
2. Brief facts leading to filing of the present writ petition are as under:
2.1 The petitioners, both under 21 years of age and above 12 years of Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 2 WP-33181-2025 age, being declared as renowned shooters by the National Rifle Association of India and participated in various rifle and pistol shooting tournaments conducted by the Association, moved separate applications under Rule 36 of the Arms Rules, 2016 (hereinafter referred to as Rules of 2016) seeking grant of arms license for training and target practice in prescribed statutory FORM-III, i.e., Licence for the acquisition, possession, carrying and use of arms or ammunition for sport/target practice/protection/display of categories I(B), I(C), III, V, VI of Schedule I. 2 . 2 The said applications submitted by the petitioners have been rejected by respondent No.2 vide separate orders dated 23.07.2025 (Annexure-P/1) on the ground that since the petitioners are under 21 years of age, therefore, in terms of Rule 36(1) of the Arms Rules, 2016, they are not eligible for grant of pistol/revolver license in FORM-III. However, the petitioners have been granted liberty to move an application for grant of license in FORM-III-A, i.e., license for possession and carrying by a retainer of an exemptee of arms or ammunition for the purpose of sport/protection/display.
3. Learned counsel appearing for the petitioners submits that respondent No.2 had erred in law in holding that the petitioners are ineligible for grant of arms license for training and target practice in terms of FORM-
III and Rule 36(1) of the Rules of 2016, as the petitioners are less than 21 years of age and thereby granting liberty to the petitioners to apply for the license in FORM-III-A.
4. He submits that the reason assigned by respondent No.2 for Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 3 WP-33181-2025 rejecting the applications preferred by the petitioners in the impugned orders is in utter misreading of the very provision and object of Rule 36 of the Rules of 2016. He submits that the petitioners may be also eligible to apply for grant of license in FORM-III-A, but they cannot be held to be ineligible for grant of the arms license applied in FORM-III.
5. By referring to I.A. No.1405/2026 filed by the petitioners for taking documents on record, counsel appearing for the petitioners submits that during the pendency of the present writ petition, the petitioners have applied for and they have been issued a certificate in Form-S-1, certifying that the petitioners have completed Arms and Ammunition Safety Training Course, indicating their eligibility for safe usage and storage of firearms in terms of Rule 10 of the Rules of 2016.
6. Counsel for the petitioner submitted that although at the relevant time when the petitioners applied for an arms license in FORM-III, they were not in possession of the certificate issued in terms of Rule 10 of the Rules of 2016, but subsequently, the petitioners have been issued the said certificate as well. However, the fact remains that the rejection of the application submitted by the petitioners by respondent No.2 is not on the ground that they did not possess the Form-S-1 certificate issued under Rule 10.
7. Lastly, by referring to Annexure-P/4 filed along with the petition, it has been contended by counsel for the petitioners that the persons similarly situated like petitioners, who are renowned shooters, have been issued arms license in FORM-III in other districts, and therefore the order impugned in Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 4 WP-33181-2025 the present writ petition deserves to be quashed and the petition deserves to be allowed.
8. On the other hand, learned counsel appearing for the State, by referring to the return filed by the State, submits that since the petitioners are under 21 years of age, they can only use the arms of permissible category under the supervision of adult instructors of the licensee, but they can't get the license individually, therefore, they are required to apply for grant of arms license in FORM-III-A, which shall be considered in accordance with the law. However, the rejection of the application submitted by the petitioners in FORM-III vide orders impugned in the petition cannot be faulted with.
9. No other point has been pressed by learned counsel for the parties. 1 0. Heard learned counsel appearing for the parties and perused the record.
11. In view of the rival contentions advanced by the parties, the issue which arises for consideration before this Court is whether the respondent No.2 was justified in holding the petitioners ineligible for grant of arms license for training and target practice under Rule 36 of the Arms Rules, 2016 on their application submitted in FORM-III on the ground that they are less than 21 years of age?
12. From the pleadings made in the petition and the return filed by the State, it is evident that the respondents do not dispute the fact that the petitioners are declared renowned shooters by the National Rifle Association of India and have participated in various rifle and pistol tournaments Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 5 WP-33181-2025 conducted by the association and are under 21 years of age but above 12 years of age.
13. In short, the licensing authority has taken a stand that though persons below the age of 21 years can use permissible Arms for the purpose of training and participation in sports events under certain conditions, licence cannot be granted to such persons.
14. Section 3 of the Arms Act reads as follows:
"3. Licence for acquisition and possession of firearms and ammunition ― (1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
Provided that a person may, without himself holding a licence, carry any firearm orammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.
(2) Notwithstanding anything contained in sub- section (1), no person, other than a person referred to in sub-
section (3), shall acquire, have in his possession or carry, at any time, more than two firearms:
Provided that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub- section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub- section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:
Provided further that while granting arms licence on Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 6 WP-33181-2025 inheritance or heirloom basis, the limit of two firearms shall not be exceeded.
(3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.
(4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section." 1 5 . Section 3 mandates that no person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of the Act and the Rules made thereunder. Proviso to Section 3(1) states that a person may without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. The proviso only permits carrying of firearm without a licence by a person, on behalf of a licensee. Going by Section 3, the petitioners cannot acquire, possess or carry firearm without a licence for training or sports purpose.
16. Section 9 of the Arms Act, 1959 provides for prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms. Section 9 reads as follows:
"9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc. ― (1) Notwithstanding anything in the foregoing provisions of this Act ―
(a) no person,― Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 7 WP-33181-2025
(i) who has not completed the age of twenty-one years, or
(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for any term, at any time during a period of five years after the expiration of the sentence, or
(iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) a bond for keeping the peace or for good behaviour, at any time during the term of the bond, shall acquire, have in his possession or carry any firearm or ammunition;
(b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe --
(i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or
(ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof.
(2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms:
Provided that different age-limits may be prescribed in relation to different types of firearms."
1 7 . Section 9(2) provides that notwithstanding the age restriction prescribed under Section 9(1)(a)(i), a person who has attained the prescribed age limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms. Section 9(2) enables a minor, who has attained the prescribed age limit to use firearms as may be prescribed in the course of his training in the use of such firearms. The question, therefore, is whether the permission to use firearms under Section 9(2) can be utilised without holding a licence.
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:6365 8 WP-33181-2025 18. Rule 36 of the Arms Rules, 2016 reads as follows:
"36. License for training and target practice.- (1) Any person below the age of twenty-one years but not below the age of twelve years may be allowed to use permissible category of arms for the purposes of training in the use of such arms in the immediate presence, or, under the direct supervision and guidance, of an adult instructor or the licensee:
Provided that no person below the age of twenty-one years shall be allowed, to carry any permissible category of arms requiring a license in a public place except in the immediate presence and supervision of the person who is lawfully authorized to carry such arms by the licensee.
(2) Any person who applies for a license to possess permissible category of arms in Form III in order to practice sport shooting shall be required to show evidence that he participates in such activities or that he is in a structured learning process.
(3) The use of arms that are licensed for the purpose of sport shooting shall be limited to practice and competition at sport shooting clubs or at shooting ranges.
xxx xxx xxx...."
19. The FORM-III appended to the Rules of 2016, in which the application for grant of arms license was submitted by the petitioners reads as under:
"FORM III Licence for the acquisition, possession, carrying and use of arms or ammunition for sport/target practice/protection/display of categories I(B), I(C), III, V, VI of Schedule I Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 9 WP-33181-2025 UIN Serial Name, Arms and ammunition that the licensee is entitled to No. of date of possess licence birth and residence of licensee Brief description of Quantity and description of each weapon with each kind of ammunition details e.g. identification marks, manufacturer's serial number, etc. to be purchasable possessed at during the year any one time 1 2 3 4 5 6 Area within which the licence Date on which the licence Date on which the licence or the is valid expires arms or both shall be produced for inspection before licensing authority under Rule 18 7 8 9 The ....... of..... 2000 ..............................
Name (in capital)/Signature of the Licensing Authority Designation.................
Place........................
SEAL Or
Signature of the officer
specially
empowered to sign the
licence
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 2/18/2026
5:40:26 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:6365
10 WP-33181-2025
under rule 5
Designation.....................
Place............................."
20. Rule 36(1) of the Rules of 2016 as quoted hereinabove clearly indicates that a person below the age of 21 years, but not below the age of 12 years can be allowed to use permissible category of arms for the purpose of training in the use of such arms in the immediate presence or under the direct supervision and guidance of an adult instructor or licensee. Provided that no person below the age of 21 years is allowed to carry a permissible category of arms requiring a license in a public place except in the immediate presence and supervision of a person who is lawfully authorized to carry such arms by the licensee.
21. Rule 36(2) further provides that any person who applies for a license to possess permissible category of arms in FORM-III in order to practice sport shooting shall be required to show evidence that he participates in such activities or that he is in a structured learning process. Whereas, Rule 36(3) provides that the use of arms that are licensed for the purpose of sport shooting shall be limited to practice and competition at sport shooting clubs or at shooting ranges.
22. The very heading of FORM-III indicates that the same pertains to an application for grant of license for the acquisition, possession, carrying and use of arms or ammunition for sport/target practice/protection/display of certain categories provided in Schedule I. Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 11 WP-33181-2025
23. A conjoint reading of Rule 36 of the Rules of 2016 read with FORM-III indicates that the said rule specifically deals with issuance of license for training and target practice to a person below the age of 21 years, but not below the age of 12 years with a restriction that if the person is below the age of 21 years, he shall be allowed to carry permissible category of arms requiring a license in a public place in the immediate presence and supervision of the person who is lawfully authorized to carry such arms and license.
24. Section 3 of the Act, 1959 is the provision which mandates holding of licence for the purpose of acquisition and possession of firearms and ammunition. Section 3(1) provides that no person shall acquire, have in possession or carry any firearm or ammunition unless he holds a licence. The mandate in Section 3(1) is absolute and without any frills. The only exception from carrying firearms without licence is given in the proviso to Section 3(1). The proviso states that a person may without holding a licence, carry any firearm in the presence or under the written authority of the holder of the licence for repair or renewal of the licence or for use by such holder. Therefore, the only conclusion that can be drawn from Section 3(1) is that no other person can carry firearms without a licence.
25. Section 9 is a provision prohibiting acquisition or possession or sale or transfer of firearms to young persons and certain other persons. Rule 9(1)(a)(i) provides that no person who has not completed the age of 21 years shall acquire, have in his possession or carry any firearm. Sub- section (2) of Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 12 WP-33181-2025 Section 9 makes an exception and states that a person who has attained the prescribed age limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms. Though Section 9(2) carves out an exception in the case of persons below 21 years using firearms for the purpose of training, the provision cannot be taken as one enabling such persons to use firearms without licence.
26. Rule 10 of the Rules of 2016 provides that every applicant applying for a license in FORM-II, FORM-III and FORM-IV is required to complete arms and ammunition safety training course and the course is required to be conducted by an accredited trainer or master accredited trainer having license under Rule 39 who shall issue a certificate in Form-S-1 to the applicant on successful completion of the said course.
27. FORM-III-A appended to Rules of 2016 as indicated in the orders impugned in the present writ petition deals with grant of license for possession and carrying by a retainer of an exemptee of arms or ammunition for the purpose of sport/protection/display. FORM-III-A is referable to Rule 21 of Rules of 2016, i.e., retainers for exemptees and the same reads as under:
"21. Retainers for exemptees.-
(1) A license in Form III-A for possession and carrying of arms or ammunition may be granted to a person nominated to be his retainer by a person exempted under section 41 of the Act from licensing requirements:Provided that the retainer shall have no right, independent of the person so exempted, to use the arms or ammunition covered by the license, and the license shall cease to be in force on the day on which Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 13 WP-33181-2025 the person so exempted has ceased to be an exemptee, or the retainer has ceased to be a nominee of the exemptee.
(2) The licensing authority shall obtain a report from the Police, about the antecedents of the retainer nominated under sub-rule (1) and take into consideration such report before admitting him as a retainer in a license granted in Form III-A."
28. A perusal of scheme of Rule 21 read with FORM-III-A indicates that the same deals with issuance of license to retainers for possession and carrying arms or ammunition to a person nominated by persons exempted under Section 41 of the Arms Act, 1959.
29. Section 41 of the Arms Act, 1959 deals with the power of the Central Government to exempt any person or class of persons by a notification issued in the official gazette. It, therefore, transpires that a person who falls within the category of exemptee in terms of the notification published in the official gazette, they can apply for grant of arms license in FORM-III-A for their retainers.
30. A notification dated 16.03.2013 issued by the Central Government under Section 41 of the Arms Act, 1959 has been uploaded on the court's portal by learned counsel appearing for the petitioners, wherein also certain category of renowned shooters including Junior Target Shooter (12 years to 21 years) have been shown as exempted.
31. When the scheme of various provisions of the Act of 1959, the Arms Rules, 2016 and the statutory forms appended thereto, i.e., FORM-III, FORM-III-A and Form-S-1 are perused, it could not be gathered that a Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 14 WP-33181-2025 person more than 12 years of age and below 21 years of age who is declared a renowned sports shooter by the National Rifle Association can be held to be ineligible for issuance of arms license under Rule 36(1) and FORM-III of the Rules of 2016 for the limited purpose of training and target practice. The petitioners may also be eligible for applying for issuance of arms license under FORM-III-A as well, but they cannot be held to be ineligible to apply in FORM-III under Rule 36(1) of the Arms of 2016 in case they fulfill the other statutory requirements and subject to restrictions and conditions as provided in Rule 36 of the Rules of 2016.
32. It is Rule 36 which regulates use of permissible category of Arms for the purpose of training by any person below the age of 21 years. Rule 36 itself is a licensing rule, going by the sub-title assigned to the rule. Furthermore, Rule 36(2) contemplates application for a licence to practice sport shooting. Therefore, the inevitable conclusion is that even a person, who is permitted to use firearms under prescribed conditions as per Section 9(2), will have to obtain a licence for using firearms for training.
33. The Respondent No. 2 has observed that if Licence is granted to persons below 21 years of age, they will fall under the category of Licensee and that persons below 21 years cannot use firearms on their own. The Arms Act, 1959 enables persons below 21 years of age to use firearm for training purpose. There is nothing in the Act, 1959 or the rules made thereunder which prohibits issuance of licence to such persons. Column (9) of the Form I prescribed in Part I, Schedule III to the Arms Rules, 2016 enables the Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 15 WP-33181-2025 Licensing Authority to stipulate in the licence use to which Arms are to be put. Therefore, when a licence is issued to a person below 21 years of age, the Licensing Authority can very well restrict the use of firearm to training purpose alone, with requisite conditions to ensure safety.
34. It appears that, it is for this reason that the persons similarly situated like the petitioners in few other districts as mentioned in Annexure- P/4 of the petition have been issued arms license in FORM-III.
35. It appears that while passing the impugned order dated 23.07.2025 (Annexure-P/1), the respondent No.2 had not examined the scheme of Rule 36 and FORM-III in its purpose and object. Accordingly, both the impugned orders dated 23.07.2025 (Annexure-P/1) are hereby quashed, the matter stands remitted to respondent No.2 for reconsideration of the application submitted by the petitioners for issuance of arms license for training and practice purpose under Rule 36 of the Arms Rules, 2016 made in FORM-III.
36. On production of a certified copy of the order passed today in the instant writ petition before the respondent No.2 within a period of one week from today, the decision shall be taken by respondent No.2 within a further period of 60 days thereafter. It shall be open for the petitioner to also produce the certificate issued to them under Form-S-1 during the pendency of the instant writ petition and it shall be open for the respondent No.2 to consider its validity and applicability as well, while re-considering the application of the petitioners.
37. With the aforesaid, the writ petition stands allowed and disposed Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:6365 16 WP-33181-2025 of.
38. Pending application(s), if any, shall stand closed.
(AMIT SETH) JUDGE Adnan Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 2/18/2026 5:40:26 PM