If you are stuck in such a situation, here is what to do.

Mr. Alok, a resident of Shantinagar, purchased a beautiful, 40-inch decorative sword from an online store, “Artisan Collectibles.” The sword was completely blunt and intended as a birthday gift for his close friend, Mr. Vivek, who lives in the city of Prempur. Mr. Alok planned to travel by train to Prempur for the celebration and wanted to carry the packed gift with him. However, he became concerned about the legal implications of carrying an object that looks like a weapon on a train. He was unsure about the specific rules under Indian law and worried that he might face questioning or trouble with the railway authorities, despite the item being purely for decoration.

Advice in such cases

Navigating the rules for carrying items that resemble weapons can be tricky. Here is some general advice:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
• Keep it Packed: Ensure the item is securely packed in its original or a non-descript box. It should not be visible to other passengers to avoid causing alarm or misunderstanding.
• Carry Documentation: Always carry the purchase receipt or invoice. This helps prove that the item is a commercial product bought for decorative purposes.
• Be Prepared to Explain: If questioned by the Railway Protection Force (RPF) or Government Railway Police (GRP), remain calm and politely explain that it is a blunt, decorative item intended as a gift. Allow them to inspect it if they request.
• Consider Alternatives: The safest option is often to ship the item to the destination via a reliable courier service that handles such articles. This avoids any potential issues during personal travel.

Applicable Sections of Law

The legality of carrying a decorative sword is primarily governed by the Arms Act, 1959, and The Railways Act, 1989.

• The Arms Act, 1959: Section 2(1)(c) of the Act defines “arms.” Swords with blades exceeding a certain length (typically over 9 inches) and sharpness are considered “arms” and require a license. However, a purely decorative, blunt sword may not fall under this definition. The key is its inability to be used as a weapon. The ambiguity lies in the interpretation by law enforcement on the spot.
• The Railways Act, 1989: Sections 67 and 164 deal with the carriage of dangerous or offensive goods. Railway authorities have the right to refuse to carry any article they deem dangerous or offensive. A large sword, even if blunt, could be classified as an “offensive good” if it is not properly declared and securely packed, as it could cause alarm to other passengers. It’s advisable to declare it to railway officials if you are concerned.

If you are the complainant

If you observe a fellow passenger carrying an item that appears to be a weapon and it causes you concern, you should not confront the person directly. Your course of action should be:

• Inform the Authorities: Discreetly inform the on-duty TTE (Travelling Ticket Examiner), RPF, or GRP personnel present in the train or at the next station.
• Provide Details: Give a clear description of the person and the object. Explain why you are concerned for your safety and the safety of other passengers.
• Do Not Panic: Let the trained personnel handle the situation. They will investigate the matter professionally and determine if the object poses any threat.

If you are the victim

In this scenario, you are not a “victim” but the person carrying the item who might face scrutiny. If you are stopped or questioned by the authorities, here is what you should do:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
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• Stay Calm and Cooperative: Do not argue with the police or railway officials. Answer their questions politely and calmly.


• Present Your Evidence: Immediately show them the purchase receipt and any other documentation for the item. Explain its purpose as a decorative gift.


• Allow Inspection: Offer to let them inspect the packed item. Unpack it carefully if they ask, and demonstrate that the blade is blunt and not sharp.


• Explain Your Precautions: Mention that you have deliberately kept it packed to avoid causing any alarm to fellow passengers.

How the police behave in such cases

The RPF and GRP are trained to be cautious. Upon receiving a complaint or noticing such an item, their primary concern is passenger safety. They will likely approach you, ask you to step aside, and question you about the package. Their behavior will generally be professional. They will inspect the item thoroughly to verify your claim that it is blunt and decorative. If they are satisfied that it poses no threat and is not an illegal weapon, they will likely allow you to proceed, possibly with a warning to keep it securely packed and out of sight.

FAQs people normally have

What evidence is required?

To prove that the sword is a harmless decorative item, you should have the following:

• Purchase Invoice: The original bill or online invoice is the most crucial piece of evidence. It shows where you bought it, its description as a “decorative” item, and its value.
• Product Packaging: The original box, which often has labels or images indicating it’s a collectible or decorative piece.
• Communication Records: If purchased for an event, any emails or messages discussing the gift can also serve as supporting evidence of your intent.

How long will the investigation take?

In most cases, an on-the-spot investigation by railway police should be brief. If you are cooperative and have all the necessary proof, the verification process may take only 15-30 minutes. The officers will check the item, verify your documents, and make a decision. An extended investigation or legal proceeding is highly unlikely unless the sword is found to be sharp, or if you are uncooperative, or if the authorities have reason to believe it is intended for unlawful purposes.

Advocate Sudhir Rao, Supreme Court of India