Yeah, good evening friends and good evening friends amongst us we have Mr. Vishwanath and the and the interesting facet is that despite the fact that he's in US and it's 7am. He has readily agreed to share his knowledge on the arms act of the understandability how it's legal journey. He has taken a lot of sessions with us and it's always pleasure connecting with him. And we are so happy that even at 7am he's ready to share his knowledge and that too. For a weekend in our place in Chandigarh and all over India. So without taking much time, we request sir to share his knowledge for you on behalf of beyond law CLC and to recommend associates. Thank you Mr. Vikas. Good evening to all the viewers. The topic is very interesting. Arms Act and Arms Rules. The arms act is amended in 2019 under which many changes were made to the arms act. We got now the new set of arms rules of 2016 with repealed the earlier rules. Many of the officers of the courts, even the public in general, those who own arms and ammunition are not aware of the recent amendments to arms act and the impact of the arms rules. At first I will dwell with regard to the important amendments brought to the arms act by act of 2019 which came into force from 13-12-2019. Basically arms act is amended with regard to the context of section 2 of the act which deals with definitions clause and also sections 3, 5, 6, 8, 15, 25, 27 and 44 of the arms act of 1959. And we got new arms rules of 2016 with repealed the earlier arms rules. And as per the amendment act of 2019, a person can hold only 2 firearms in place of 3 firearms as per the old act. So the first important aspect of amendment is now an individual can hold in all 2 firearms in place of 3 firearms. That also includes any weapon which that person may have got as a legal heir or by means of inheritance or by means of what is called as heir loo. So maximum is 2, earlier it was 3 and those who are holding more than 2 weapons were directed by the amendment act to deposit the same with the government within one year from 13-12-2019. That is by the end of 2020 they were required to deposit. So beyond the date 13-12-2020, holding of any weapon beyond 2 is said to be illegal. So that is the first important aspect of amendment 2, the arms act. So in place of 3 firearms, nowadays 2 firearms and the date to deposit the remaining extra one weapon was 13-12-2020. One more important amendment is if any person takes away arms and ammunition from the police or from a police station or from a police officer or armed forces, then in that case the penalty for imprisonment, the penalty for this offense is now in the range of 10 years and sentenced to life. Taking away arms and ammunition from the police or from police station or from armed forces is now made a separate aspect of sub offense and the punishment is in the range of minimum of 10 years and up to life sentence. The next important point is the act of punishes, reckless use of weapons such as celebratory gunfires during weddings or marriages or ceremonies as per the practice of a given religion that threaten human life or personal safety of others. So for the use of weapons as celebratory gunfires during weddings etc., now the penalty is up to 2 years or they find 2 rupees, 1 lakh or both. The new act has defined the words organized crime, organized crime syndicate and also illegal trafficking in arms and ammunition. The new act as per the amendment to 25 of the arms act provides that it is illegal to trade or acquire or sell firearms and ammunitions to and from India where the firearms are not marked and the accused contract versions of the arms act. The punishment is up to 10 years from 10 years up to life as the case may be. The new act defines the words organized crime as a member of a crime doing continued unlawful activity either himself or a member of the organized crime by using unlawful means such as violence or coercion to gain economic or other benefit. As you all know, carrying on of an illegal act by group of persons is said to be doing the act with intent and here separately 25 one year provides for punishment for carrying on organized crime by the accused carrying arms and ammunition. Then the phrase organized crime syndicate is defined as consisting of two or more persons committing an organized crime. One more departure is that by the amendment to the act wherein special status is given to sports person. As per the new rules international medalist renowned shooters are allowed to keep additional weapons up to 12 under the exempted category which earlier was 7 besides two weapons which they can possess as an Indian national. If a shooter is renowned in one event then he can keep maximum of 8 in place of earlier four that is as per the amended provisions of the rules. A junior target shooter or aspiring shooter now can possess two weapons in place of one. So these important provisions are enacted by means of amendment to you and impetus to the sports persons who want to take up this important aspect of the sport. Under rule 40 of the arms rules of 2016 the shooters are empowered to possess two firearms as normal surgeons of India besides those exempted category of weapons which they can hold. And they also can purchase more number of ammunition if they are shooters for their practice in a given year. As per the new act no permit or license is required for a citizen for acquisition or to possess small arms falling under the category of curio C-U-R-I-O curio. So these are the important changes brought to the arms act and where what now the amended provisions of arms act and also new sets of arms rules. With this brief prelude I'll start now quickly the important aspect of definitions of important words which are used in the arms act. As you all know every special act is enacted by the parliament to cater to a particular special need and we have to keep in mind what are the special features of a special enactment. And in this arms act we got section 8 of the arms act which deals with what is called as a type of presumption which in law we call it as shawl presumed. We got exemptions which are three number may presume, shawl presumed and conclusive proof under the Indian evidence act. Second 8 of the act deals with shawl presumed. What the court shawl presumed in case of violation of provisions of 8 of the act is to be seen by us in due course of time. And for some special enactments they provide that unless there is sanction to prosecute the accused given by a prescribed authority the case cannot go further or that the accused may plead for his equity. So we got here also a case of a provision of the arms act which provides that for prosecution of the offence by the accused there must be obtaining of the prior sanction of the concerned official of the department as per the act. So with this we will now start quickly with regard to important definitions of the arms act that is 2 of the act. Section 2, surplus 1, surplus 8 of the act defines the word acquisition as also including hiring, borrowing or accepting as gift. So if I accept way of gift and arm or ammunition that is said to be what is called as acquisition under 2, 1, 8 of the act. So an accused cannot plead in the court that the arm or ammunition was gifted to him by somebody else because the word gift or acceptance way of gift is now within the meaning of the word acquisition. As if he has acquired, as if he has bought. So the word gift or accepting way of gift is within the word what is called as acquisition. So equation means as inclusive of hiring, borrowing or accepting as gift. So my point is we cannot import general legal knowledge when we deal with a special enactment and 2, 1, 8 of the act speaks of the word acquisition. 2B of the act speaks of the word ammunition as including ammunition for any firearm and we got 7 types of ammunitions under 2, 1, B of the act. The example source rockets, bombs, grenades, shells, missiles or article designed for torpedo service and submarine mining. So we got there 7 important types of ammunition under 2, 1, B of the act. I will not take much time to discuss all those things. 2, 1, C defines the word arms. What is called as arms? Arms is an article of any description designed or adapted as weapon for offenses or weapon for defenses. So an arm may serve 2 purposes. Weapon for offense. Number 2, weapon to commit, weapon for defense. So for self-defense the arm can be used or the same arm can be used for the purpose of what is called as commission of a crime. So a knife at home can be used for the purpose of cutting an apple or also for causing injury to any person. So that is the aspect of the word arm under 2, 1, C of the act. The act says that arm is what is called weapon for defense or weapon for offense or the case may be. But not including articles for domestic or agricultural purposes. A knife used at home is not called as an arm under 2, 1, C of the act. So also things, articles for purpose of agriculture. So a latte or an ordinary working stick are not arms under 2, 1, C of the act. The Supreme Court of India in Neel v. State of West Bengal, 1972. Yes, C.C. Criminal, page number 64, held that the word sword is an arm under 2, 1, C of the act. One more point is High Court of Delhi in Nanak Chand v. State of Delhi. That is 1992, Criminal Law Journal, Delhi, page number 55, held that Kirpan is not a knife. One more case law of the apex court is that the Supreme Court of India in Surinder v. State of Haryana, 1994. Part 4, Yes, C.C. Page 365, held that Erumian section 2, Surplus 1, Surplus B of the act. In the context of the word ammunition, the court held that a cartridge can be an ammunition for any firearm if it is a live cartridge. So the prosecution in a case before the court is required to prove that the cartridge which was found in the portion of the accused without license was a live cartridge and that the weapon, the ammunition, the what is called firearm in question was in a working condition when the same was seized by the prosecution for the offence of purchasing arms and ammunition without license or permit. So this case laws of the apex court indicate the scope of the word R, the word ammunition under 2, 1, B and 2, 1, C of the act. 2, Surplus 1, Surplus E, speaks of the word firearms and I mean you can just go through. I have got various types of firearms under the arms act which are foreign number will not take much time. 2, Surplus 1, Surplus E, A is what is called as license. Now, formerly the license were issued in physical form that is in the form of a booklet. Now that we can also have what is called as electronic mode of license that is called as electronic form of welding of the license. Surplus 2, Surplus 1, FF of the act is very important. Meaning of the word my straight in the context of arms act means only what is called as my straight under section 20 of the CRPC. 20 of CRPC states that as good as my straight is what is called as my straight for the purpose of CRPC and the same meaning is imported in the arms act under 2, 1, FF of the act. So the word my straight according in the arms act must not be confused with the words which we use in court. Namely my straight of the regular court, regular court of under the hierarchy of the high courts, but it is a my straight under the aspect of the revenue subdivision of a moment. So my straight means what is called as is equal to my straight under 20 of the CRPC. So it's in 2, 1, B, 2, 1 heads speaks of what is called as prohibited arms. And with that the next important point is 2, 1, K of the act. What is called as a transfer under the arms act. Transfer under the arms act may be of four types. Letting on higher lending, giving and parting with the custody of the arms and ammunition. So transfer as per the arms act also includes what is called as giving and parting with the portion of the arms and ammunition. So don't keep in mind what the word transfer means in common legal parlance. Here transfer means either letting on higher lending, giving, parting with portion of a given arm or ammunition. So this will take now quickly the important aspects of sections 3 to 12 which are what is called as the sections with which we should be familiar. And section 3 speaks of what is called as license to acquire and possess firearms and ammunition. So chapter 2 sections 3 to 12 deals with the heading acquisition, position, manufacture, sale, import and export of arms and ammunition. That provides that which should have separate permit to acquire, to possess, to manufacture, for sale also by a vendor, for importer, for import and for exporter to export of any arms and ammunition. So there is a separate set of issuance of licenses to cater to separate sets of needs of the concerned applicant for rent of license. So 3 speaks of license for acquisition and position of firearms and ammunition. So you want to acquire firearms and ammunition and you want to possess firearms and ammunition. That now says you must have license. Ex is owner of an arm. He is licensed. He is leaving India to USA for 3 months. He wants to give it to his friend. So the friend to possess that arms and ammunition for 3 months must apply to the concerned department and obtain permission. So license for acquisition to acquire or you want to possess any firearm and ammunition is required under 3 of the act. So no person shall acquire or have in his position or carry any firearm or ammunition unless he holds a license in this behalf. So this is the dinner of 3 of the act. So with that any person holding any weapon beyond 2, beyond 13, 12, 2019 as per section 3, surplus 2, is required to deposit the extra weapon, extra firearm with the nearest police station or with the concerned named authorities under 3, 2 of the act. Within period of 1 year that is within 13, 12, 2020 the extra weapon or firearm must be deposited by the concerned person. So with that, section 3, surplus 3 of the act states that these provisions have no application to a dealer in firearms or any member of a rifle club or rifle association. So for section 3 of the act the punishment is on section 25, 1A of the arms act. So 3 of the act is important, 25, 1A is the finger clause and for prosecuting the accused under 3 of the act punishment is 25, 1A of the act. What the act provides that is that there must be previous sanction of the district magistrate to prosecute the accused under 3 of the act. So for 3 of the act evaluation only that requires previous sanction of the deputy commissioner or the district magistrate of the district to prosecute the accused. So 3 of the act contravention punishment is 25, 1A and 3 of the act says that there must be prior sanction to prosecute given by the deputy commissioner or by the district magistrate under section 39 of the act. So section 3, 25, 1A and 39 of the act they go together and they go hand in hand. The first court has held in many cases that any charged fight by the prosecution on 3 of the arms act without prior sanction of the deputy commissioner is wide, is not as per law and that the acquittal on the aspect of non-obtaining of previous sanction. From the deputy commissioner of a given district. So 4 speaks of license to acquire and possess arms of specified categories. 5 speaks of license for manufacture, obtaining, procuring or for sale, transfer, conversion, repair or testing or proving etc. of arms and ammunition. So fight this with the aspect of license taken for manufacture, obtaining, procuring or for sale of arms and ammunition. So even for repairing also that requires permission, repairing, testing, proving, conversion of a weapon into some other type for all these things that requires permission. So under the new amendment act of 2019, the words added are even for manufacture of arms and ammunition that requires permit, even for obtaining of arms and ammunition that requires permission. So also to procure for procurement of arms and ammunition also that requires permission. So the words manufacturing, obtaining and procuring these 3 are added in 5 of the act by amendment act of 2019. So 5 is of a greater magnitude that covers need of license for manufacturing, obtaining, procuring for purpose of sale or for transfer. Conversion, repairs or testing or proving of arms and ammunition. So with this the next point is 6 of the act, license for shortening of barrel of firearm or conversion of imitation firearm into firearm. So to shorten the length of barrel of firearm that requires permission of conversion of imitation firearm into a regular firearm for use as a firearm that requires permit that is license. 7 of act is prohibition of acquisition of possession or of manufacture or sale of prohibited arms or ammunition. So there cannot be illegal selling of prohibited weapons. So son of the act. The office court in the case of Aravind Kumar Sharma versus Union of India that is 2016 part 15 SCC 115 in the context of APIL filed by an advocate practicing in the Supreme Court of India. The advocate alleged in the pay all to the fact that there is illegal selling of prohibited or NSP bore weapons obtained by army personnel through central ordinance depot short form is COD Jebalpur on the basis of order passed by the allotment committee. His further complaint was that the said weapons were sold by army personnel to the public in general and that public having criminal background including anti-social elements and terrorists in breach of arms rules and powers of arms act were acquiring the same the Supreme Court of India in this case stepped in that the said order of the allotment committee is bad and long and that it has got a greater impact on the society. So for details you can go through the decision towards the round six part 15 SCC 115 Aravind Kumar Sharma versus Union of India. One more point is that can there be absolute prohibition by the government to possess what is called as a prohibited arm or not. That's the question because certain seven speaks of prohibition of acquisition of possession of or manufacture or sale of prohibited arms or prohibited ammunition. So whether some of that says that there is a absolute bar of prohibition of having what's called as a prohibited arm or prohibited ammunition. In this context the High Court of Allahabad in Ganesha Chandr Bhatt versus DM Al Mora that is 1993 part 21 Allahabad Law Reporter page 300 in the context of section 13 of the act also held that the authority consent must consider all the relevant facts at the conferences and must not act arbitrarily in disposing of application by the applicant for grant of relations to possess what is called as prohibited arms or prohibited ammunition. So if as per law the applicant meets all the requirements under the presence of 7 and 13 of the act then the High Court held that the authority cannot refuse to grant license under 13 of the act permitting the license to hold prohibited arms or prohibited ammunition. Then it is very important prohibition of sale prohibition of sale or transfer of firearms not bearing marks of identification. This is amended in 2019. So under 8 of the act no person or no vendor, no persons all obliterate, remove, alter or force any name, number or mark of identification stamped or otherwise shown on a firearm or ammunition. Every firearm or ammunition has marked on it what is called as the name of the manufacturer and all those particulars. So 8-1 says that no persons shall obliterate, remove, alter or force any name, number or other mark of identification stamped or otherwise shown on a firearm or ammunition. And 8-2 says no persons shall sell. So no vendor shall sell or transfer any firearm which does not bear the opposite marks. So a vendor of arms and ammunition shall sell only those arms and ammunition which contain or which have on it or on them what is called as the name, number and other marks of identification. 8-3 is very important. Here we come across what is called as what the code shall presume. So 8-3 is very important. 8-3 says whenever any person has in his position any firearm without such name of the manufacturer or serial number or mark of identification as the case may be then it shall be presumed by the court unless the contrary is proved that it is the said person who has in his position any firearm that he has obliterated, removed, altered or forced that name, number or mark of identification. So 8-3 says that if I possess a firearm which does not contain the name of the manufacturer or there is a razor of name of the manufacturer or there is tampering with mark of identification of either the serial number, name of manufacturer etc. The codes are presumed until the contrary is proved by the accused that the so called accused only obliterated, removed, altered or forced the same. So 8-3 is very important under the general trainer law for proof of IPC violations or IPC offenses. The law states that the standard of proof for IPC offenses is proof beyond all reasonable doubt. The prosecution shall prove its case beyond all reasonable doubt in the context of target filed by the police under sections, under presence of the IPC and its violations. Under arms act in the context of 8 of the act prohibition of sale or transfer of firearms not bearing identification marks is amended in 2019. So that this 8 of the act, 8-3 of the act, this particular strict proof of the case, proof beyond all reasonable doubt is diluted in as much as in this case of 8-3 of the act the accused shall dislodge as to how the weapon namely firearm and his position. So 8-3 is diluted under this aspect of amendment and the strict proof that is proof beyond all reasonable doubt as in the case of IPC is rather made dilute under 8 of the arms act. With this we will take into account 9 of the act that is prohibition of acquisition or possession or for sale or transfer to a young person and other types of persons named in section 9 of the act. So 9 of the act states that there cannot be a blanket sale by a vendor in arms and ammunition and that the word young person is defined in 9 of the act. So there can be no equation or version of certain types of firearms to young person who is defined as a person less than 21 years. Then 10 of the act speaks of license for import or export of arms and ammunition by sea, land or air etc. 11 speaks of power to private import or export of firearm by the central government and 12 speaks of the aspect of power of government to regulate the use of airspace for transport over India or any part of India, any type of arms and ammunition. So with this we have completed the aspect of sections 3 to 12 of the act and with that sections 13 to 18 it speaks of aspect of the application for grant of license by applicant for issuance of a given type of permit or permission. And as per the amend governance of the act the permit issued now is for a period of 5 years in place of earlier period of 3 years. Under 15 of the arms act amended 4 years ago the license will be issued now for a period of 5 years in place of 3 years with effect from 13, 12, 2019. So now license issued will be for a period of 5 years in place of the earlier period of 3 years. The question is what is legal effect of section 15, 3 of the act? Whether application for renewal of a license file when applicant is be treated as a case of application for grant of a fresh license or not was the question which was before the High Court of Bombay in a given case. So High Court of Bombay in Mohanlal, Chandulal, Sarai versus state of Maharashtra, 1993 Maharashtra law journal page 365 held that the legal effect of section 15 suppose 3 of the arms act is that the renewal application of the applicant is to be considered as an application for grant of a fresh license. One more case on the point is the Supreme Court of India in Ram Kripal Singh versus state of UP 1987 Allahabad law journal page 1209 held that renewal of license cannot be refused upon the mayor ground of delay in applying for it. So these case laws indicate that the authority empowered to renew license should keep in mind the important facts of the concerned case and you must keep in mind the aspect of poisons of the act. And there shall not be disallowing the claim of the applicant for renewal or grant of license on ulterior motives. The question is can there be cancellation of license which would apply the department to a person to possess arms and ammunition without hearing him. So order of cancellation of arms license under 15 three of the act is to be passed only after giving to the licensee and opportunity of being heard. There cannot be so more to cancellation of license issued by the department but there should be calculation of the license only after hearing the licensee. That is the ratio of high court of Punjab and Haryana in Daoba arms company versus state of Punjab 1992 part one crimes page number 718. So with that the next important aspects of the matter I will just highlight. The question is use of firearms for self defense cannot be said to be misused and cannot be said to be misused of firearm. So the high court of Allahabad in Sangat Singh versus commissioner. Kumar division 1991 ACC page number 666 held that use of firearms for self defense cannot be said to be misuse of firearms. So with that we will take into account next week that is who can demand production of arms and ammunition. So under 19 of the act only some persons are empowered to demand production of license for carrying arms or ammunition. That is number one is by any officer of the police station. So any police officer can demand or any other officer especially empowered in the behalf. So officer of the police department or other officer specially empowered under the act. They have got the power to demand production of license by a person to carry ammunition or arms that is 19 of the act. 20 of that speaks with arrest of persons conveying arms or ammunition under suspicious cases. Who can arrest persons conveying arms and ammunition under suspicious circumstances. That is by a magistrate measured means as to the magistrate under 20 of the CRPC. Number two any police officer number three any other public servant under 21 of the IPC. Any person employed or working upon a railway aircraft vessel vehicle or any other means of conveyance. And they can arrest without warrant and seize such arms and ammunition. So persons empowered to arrest a person carrying on arms and ammunition under suspicious cases. Or what's called as five-fold a number a magistrate is a magistrate. Police officer any other public servant officers persons employed in railway aircraft vessel vehicle or any other means of conveyance. So with this the important aspect is namely power of search under presence of 22 of the arms act. Search of the house or premises and seizure by a magistrate of arms and ammunition. So every search under the arms act should be by or in the presence of a magistrate. So the important point is search of house of the premises of the accused and seizure of the same shall be by or in the presence of a magistrate. Or by or in the presence of some other officer especially empowered in this regard by the central government. So search and search of house or premises and seizure should be by a magistrate of the arms and ammunition. So by a magistrate or in his presence or in the presence of a magistrate or other person empowered by the central government in the above regard. So this is very very important. So 22 search of the house or premises and seizure of arms and ammunition by a magistrate or by especially empowered officer. 23 speaks of search of vessels, vehicles, etc. by any police officer or by specially empowered officer or by executive magistrate. So with this we take into account next the offenses under the act that is 25 to 33 of the act. This is the aspect of the last leg of the present discussion. 25 speaks of punishment for some offenses. So 25 is amended in 2019 and in this amendment of 2019 various important things are brought in force. 25 of 1B is added as per the proposed amendment. So if any person by force takes any firearm from the police or from armed forces then here the punishment shall not be less than 10 years and may extend up to life sentence and both. Any person unlawfully taking away firearm from the police or from armed forces. Now here the punishment is on a very high scale not less than 10 years and up to life sentence. So this is added to the arms act by amendment by adding section 25 1AB in 2019. So some amendments are brought in force in 25 of the act. And so also it speaks of commission of offense by a member of organized crime syndicate. So I discussed in the beginning what's called as organized crime syndicate, member of organized crime, all those things. So with this 25 of the act is completed. Then the question is whether the police officers under the Delhi Special Police Establishment have the power to investigate for the offenses and poisons of the arms are not in the question. So that is called as extension of power of Delhi Special Police Establishment. So the Delhi Special Police Establishment are empowered under various government orders issued by various governments, state governments. They are empowered to investigate for the offenses or sections 25 to 30 of the arms act. So as regards the state of Karnataka, because I worked in state of Karnataka quite some time. And here outside of Karnataka, as per notification dated 411 1986, the powers and jurisdiction of members of the Delhi Special Police Establishment get to be conferred. And that the powers of the Delhi Special Police Establishment are empowered to investigate and accused on sections 25 to 30 of the arms act. And also second five of in explosives act of 1884. The question is when the court can convict the accused under 25 of the arms act, what thinks must the court keep in mind? On this point I got the case law of the apex court in Guna Manthalal, Guna Manthalal was the state of M.P. 1972 part 2 SCC page 194. In this case the apex court held that the first precondition to track the 251A is the element of intention, conscious or knowledge with which a person possessed the firearm before it can be very constant on offense. Number two is that he must have what's called as the intent to commit the offense. So as per the avoidance of Supreme Court of India, the important point is intention, conscious or knowledge with regard to the weapon in question and he having control over the gun. Even though the person who uses the gun may use the gun at the instance of the accused person. So that is the ratio of the case of the apex court in Guna Manthalal was the state of M.P. The important point is that mere fact of position of gun and cartridges from the accused without proving that the gun was in a working condition and that the seized cartridges were alive. The apex court in the case of Jaspal Singh versus state of Punjab 1998 part 7 SCC 289 held that the conviction of the accused is bad in law. So the apex court in the case of Jaspal Singh held that the prosecution should prove that the seized gun was in a working condition and that the seized cartridges were also live cartridges. And without proof of those two important aspects, the apex court held that the conviction of the accused under 25th onset is not proper. So I will not multiply the cases on 25th act. I have just given you a bird's eye view of what is the aspect of ratio of the relations of the Supreme Court of India on the given aspect of the avoidance of the arms act. So with this, the next important point is the absence of any expert opinion about the status of recovered cartridges does not affect the conviction under 5th act for being found unauthorized in the position of a revolver in the notified area. This is the case of apex court in Anil versus state of Maharashtra 1996 part 2 SCC page number 589 whether the son can make use of gun of the father with the licensee in exercise of right to defend person of the father. Whether it requires permission. The question which was before the apex court in the case of Bhagawan Saurabh versus state of MP 1992 part 2 SCC page number 406. In this case, the apex court held that using a gun of father in exercise of right to defend person of the father cannot be considered as possessing an arm without a licensee. So son using the weapon of his father with licensee for the purpose of defending his father in an attack by some person, the apex court held that that requires no permit or license for the son to use the weapon of the father for the right to defend his father in case of requirement. So with this Danish part and point is namely 35 of the act criminal responsibility of person in occupation of premises. So in some cases the owner of premises was given the premises on lease to a tenant. It was aware of the tenant using the premises for purpose of storing or for purpose of carrying the illegal activity of dealing in arms and ammunitions. The law states that that owner shall inform the police of use of the premises of his ownership by the tenant for carrying on the illegal activity. So that is called as criminal responsibility of person in occupation of premises and liberty of the owner of premises to intimate if is aware of existence of arms and ammunitions in his premises. With this 39 is a previous sanction of the district magistrate to prosecute the accused under section 3 of the act violation are told in the beginning. So for violation of 3 of the act the act says that to prosecute the accused there shall be prior sanction of the deputy commissioner feeling which the accused is required to be acquitted. And that is the ratio in the case of Moindar Singh versus state of Haryana. 1996 part 11 SCC 369. Absence of previous sanction under 39 of the act for prosecution of the accused under 3 of the act and consequent conviction under section 26 of the arms act. That which section 6 of TADA was held by apex court as illegal in this case of Moindar Singh versus state of Haryana. So with that the last section is 45 of the act. Act not to apply in some cases. There are 2 cases in which this act has no application. Number 1 is arms or ammunition on board any sea going vessel or any aircraft and forming part of ordinary armament or equipment of such vessel or aircraft. Namely as an original equipment of the vessel or ship or aircraft that requires no prior permission. If a ship is sold by a shipbuilder to a ship buyer which is fitted with arms or ammunition as part of ordinary fitment of the ship or if an aircraft is sold by an aircraft manufacturing company to a purchaser which is fitted with ordinary armament or equipment of the aircraft then for those fitted what they call arms and ammunition in the particular aircraft or vessel as part of the vehicle being sold as an original equipment. The act says that poisons of arms act have no application. So also any public servant on duty possessing arms and ammunition namely a PSI or a CPI etc. So they are empowered to possess it because of their duty that requires no permission. So also a person possessing arms and ammunition under order of central government personal permission. So also members of National Carrot Corps NCC Act of 1948. So these 4 types of persons in these 4 cases the act says that there is no need to apply for permission under 45 of the act. So this arms rules came to force on 15th of July 2016. So I got now the new arms rules and the old arms rules of 1962 is repealed in its entirety. So rule 2 of the arms rules defines various words. So it's in 2, so plus 3 of the arms rules speaks of what is called as antique small arm as meaning firearms manufactured before 1899. So they define what's called as antique small arm then they also defined here. So in section 2, so plus 17 meaning of curio. Curio means a small arm manufactured at least 50 years prior to the current date. So any small arm manufactured prior to 1972 are certified by the curator of a government regulated museum. Or that devices at least half of its monetary value or that derives at least half of its monetary value. Or the fact it is novel, rare, bizarre or associated with or historical figure etc. So with this the other aspects of the rules I mean they are mainly concerned with the aspect of use by the relating department. And rule 103 speaks of confiscation, capture or seizure of firearms and ammunition by the firearm burials. 104 speaks of destruction of firearms and ammunition. So with this we'll take into account a few case laws on the aspect of arms act. That is Istikar versus State of UP 2012 part 12 SSCC pay number 307. Section 7 supplies A of JJ Act of 2000, 3rd of 2002 of the IPC and 25 of the arms act. In this case the first court held that the court must pass order on the application filed by an offender on the point of his geminality. In this case one of the accused before the court filed application saying that I was less than 18 years when the offender was already committed. And he filed application asking the court to give a finding at first on the application to declare him as to whether he is an accused above 18 years or whether he is less than 18 years. In this case the first court held that the court must give first finding on the application filed by the offender on the point of his geminality. And then was it further if it holds that the so called offender is above 18 years. So with this I completed the aspect of the arms act and arms source and I focused mainly on the aspect of recent amendments to the arms act and the principle of law as per the arms rules of 2016. If the viewers have got any doubt on the aspect of the arms act because they say specialised act and we could not complete it within one hour I have taken you with the important facets of the arms act especially the amend provisions. And also what the court has stated in the context of proof of offences and the presence of the arms act. If any doubts are there, you may kindly. Yes sir, we have to recognize. Good evening sir, thank you so much. Good evening. It was a very scholarly presentation sir, especially this piece of enactment you have thrown a lot of lights on the recent amendments. Because for me also I teach regularly in our High Court Academy for officers. And my endeavor was here to state about the case laws of the High Court and especially keeping in mind the amendments. In fact I told Mr. Vikas that we will frame the worldings of today's subject as amendments to the arms act and new arms source. And he told that no no let it be arms act only, you can cover everything whatever you want it. So I have done my two jobs telling to the audience all the important features of the arms act plus amendments. And my request is don't just go through the cases involving arms act as a regular criminal case. Because burden of proof in case of IPC violations is strict beyond all these doubled out. Here for 8 of the act contravention that is diluted. Sometimes we may miss the set aspect and a case of what you call activital will be convicted under 8 of the act. Because accused must step in the witness box and state as to how in what manner the weapon which he purchased. Its serial number or mark of distinction etc. came to be erased or came to be changed as a case may be. In fact Dr. Victor was slightly joined lead. I was telling Sir is in US and right now it was when we started the session it was 6, 7 a.m. So I said that his passion to take things forward. So kind of Sir to log in early morning I think it should be 6 o'clock when Sir started the session early morning. Yeah it was 7.30, 7.30. So were you limiting the number of arms opposition as any effect from 3 to 2 arms? Because the government of India thought that there is holding of large number of arms. And many arms are produced by many persons without license. At least by lessening the number 3 to 2. So one extra arm by a person who is licensed to possess that is given back to the government. Lord with the government. So and there could be also a huge number. I don't know the exact statistics. One arm extra in base of 3 now it is 2. On an islander basis it will also mean a very huge number. And what the government thought that one is enough for self defense. We can have 2 that's all. But only more than 2 is not permissible and not required also. And by keeping in house or the armory more and more of weapons than required for use that leads to lending it unofficially. And there may be use of those weapons though licensed by somebody else. So to do away with further times they just made it from 3 to 2. And one more point is there is the law skill use of these arms and ammunition form now formally in the state of Jammu and Kashmir. There they had given special status. You can own it. You can have it because for the self defense. But now from 13-12-2019 it is amended. And I think very large number of people that deposited extra arm the third arm firearm with the department. If they possess now also they have to deposit back with the government. So with one application for condoning of the delay in reporting or in lodging the third arm third firearm. And government will accept it and condone the delay also now. Anybody possessing 3 of firearms now is said to commit offense for holding one extra firearm with a license previously. And now that he is kept in what's called as D-Lacent function. Can you say something about Sanjay that's case sir if we could recollect because he was convicted under the GAMS Act. Yes that is Tata Act. Tata. There is implications of the Tata Act and also arms act both are being put together. There also the office court held that there is a conscious position of the arms, conscious position of arms. For the purpose of what you call commission of terrorist act under the Tata Act. The Supreme Court scaled down the punishment to a lower level compared to the punishment awarded by the Tata Court at Mumbai. And even now we have got a case wherein what is the role of private security personnel employed by some persons. They use the arms because they are empowered to possess arms and ammunition. They use it. They in the case of encounter or safety of the concerned person forum they are there. They shoot. What is legal effect of that particular what you call murder of persons by this private security personnel. This question was there before the Supreme Court of India. And the Supreme Court of India thought fit that on this branch of law there is no case law. So private security personnel employed by various persons employed by various agencies if they resort to use of arms and ammunition. And they cause death. See police officer in encounter is empowered to even shoot at the accused if he is trying to escape. And here also you know that false encounters the Supreme Court has told took place in a given case. But here in case of the police personnel I mean private security personnel they make use of this arms and ammunition. There we have got the case law of the office court. In this case the office court held that the government of India must give proper. The government of India must legislate on this aspect. That is the case of firing incident by private security personnel reported in 2015 part 14. Yes C.C. Pay number 460. In this case section 2 surplus F. The surplus H of H. Section 5, 6, 9 and 10 of private security agencies regulation act was involved. And so also use of what is called as arms. Sections 3, 4, 13, 14, 17, 27, 30 of arms act was also involved. Then these are the four of the IPC that is firing incident by private security personnel 2015 part 14. Yes C.C. Pay number 460. The office court held that on this point of use of this arms use of arms and ammunition by this private security personnel. There's no longer point if they cause death what is legal effect who can be made liable because they work for some agency. And in the descent of the duty they perform the duty. What about liability of the employer? See a company employs so on. So the employer doesn't act we speak of acres liability of the employer for act of the employee. So this case you can just go through. This is the case on the point of firing incident by private security personnel. Regarding the case of Sanjay that which we just discussed the case is Sanjay that versus the state of Maharashtra. 2013 part 15. Yes C.C. Pay number 240. 2013 part 15. Yes C.C. Pay number 240 Sanjay that versus Maharashtra. This exercise the 25,1A and 1B of arms sector and also data. Thank you sir on behalf of beyond the policy and recruitment SSS for sharing your knowledge and also on behalf of all the participants who are watching us live on the YouTube as well as on the Facebook. And those who are involved want subsequently on the YouTube. thank Mr. Vikas and all the viewers because they made me to read once again, revise here and tell to you what detail I knew about Tom's act and empowerment on any aspect if it is a periodical that's good for the person who want to empower also and it's a great opportunity for all of us to discuss and know if there is any new facet of a given enactment or act. I thank once again the viewers and also Mr. Vikas and more particularly Mr. Thirvekram who is I mean he asked the questions which were very live and the important aspect is a person who is well aware if I ask questions that will be again a foot thought for the speaker also and I thank Professor Thirvekram because he's having in-depth knowledge in this special act and many of us many judges also I mean don't mistake I'm not saying many many of us how just we read with you which have been mined IPC proof means proof beyond all reasonable doubt for special enactments we forget so my important aspect in every lecture in aspect of special enactment is tell it at first what is proof beyond all reasonable doubt what is called as standard of proof in a special enactment though which is what's called as a penal in nature and then go forward so thank you thank you very much


Today we're in chapter 4 here in Galatians. We're going to look at verses 12 through 20 and so I'll begin reading at verse 12 and Read to verse 20 and we'll get into our study Galatians chapter 4 beginning at verse 12 Reading to verse 20 brother, and I urge you to become as I am For I am as you are you have not injured me at all You know that because of physical infirmity. I preached the gospel to you at the first and My trial which was in my flesh you did not despise or Reject, but you received me as an angel of God even as Christ Jesus what then was a blessing you enjoyed For I bear you witness that if possible you would have plucked out your own eyes and given them to me Have I therefore become your enemy because I tell you the truth They zealously court you But for no good Yes, they want to exclude you that you may be zealous for them But it is good to be zealous in a good thing always and not only when I am present with you my little children For whom I labor and birth again until Christ is formed in you I would like to be present with you now and to change my tone for I have doubts about you When you study the Bible you discover some things especially as you look at the the New Testament And you read the letters written by the Apostle Paul When you read the letters by the Apostle Paul you discover something about him Immediately and that is that he was a masterful theologian He had an incredible mind. He was incredibly trained He was a master at theology. He was able to to give such deep things concerning the things of the Spirit of God The Apostle Peter who was one of the original 12 When writing concerning the Apostle Paul said that Paul writes some things that are very difficult to understand Now this is a man whose training was as was normal during his time He received a lot of Bible and this is a man who walked with the Lord Jesus Christ for three years Yet when he spoke concerning the depth of knowledge and understanding of the Apostle Paul He spoke of him as being someone who would write things that are very difficult for for people to be able to to grasp And indeed Paul was able to he was a master at theology. He was able to communicate deep things You pick up his writings you look at the book of Ephesians and it takes so long to even get on the surface of the things He has to say you read concerning the things he says in the book of Colossians and once again He says some things that are very difficult to understand and it takes a lot of study and prayer and meditation To begin to grasp the things that he communicated to us master when it came to theology But we have to be careful not to think of him as only an individual who had an ability to communicate Deep things related to theology because not only was he very deep in those things But he also was a man who had the heart of a shepherd. This was a man who had a tremendous amount of love It's the Apostle Paul who wrote 1st Corinthians chapter 13 Sharing about love and what love is and and how important it is to have the love of God in your life This is a man who loved deeply. This is a man who loved with great emotion a man who had tremendous passion especially for the church He was a man who was a shepherd a Man who understood the principles of being a shepherd even as Jesus in John 10 11 when Jesus was speaking about himself He said I am the good shepherd, but he said and the good shepherd lays his life down for the sheep When he spoke concerning the hireling he said he sees the wolf coming and promptly flees because He's a hireling and the sheep don't belong to him. I am the good shepherd. He said I lay my life down And that was the heart of the Apostle Paul. That is the heart of Every genuine shepherd someone who voluntarily lays their life down for others When you study the writings of Paul you'll see so many things that he says so many deep things But I think he's most open when he speaks concerning his his heart and his love. I Think that he's most open when you study 2nd Corinthians Because in 2nd Corinthians the Apostle Paul is writing Following up the first letter and sharing with the the church there in in Corinth how that false Apostles have have entered in whom he refers to as a super eminent Apostles the ones who had lifted themselves up and spoke concerning Their visions and their knowledge of God and all and had called into question the love and ministry of the Apostle Paul When you go through 2nd Corinthians You can actually see him defending his ministry Defending himself against no less than 21 specific accusations concerning him how Valueless he really was they said this is a man who writes weighty letters But his presence is his weak. They said he's not even worth giving money to supporting in ministry They said things about him that he was a man who would say yes one moment and know another that He didn't really care that he lorded it over them There are so many starting in chapter 1 all the way to the conclusion in chapter 13 So many accusations that Paul has to deal with it and he begins to open up there in 2nd Corinthians And he shows his heart the heart that he has as a shepherd and one of most powerfully touching Portions is found in in chapter 12 You see in 2nd Corinthians chapter 12 he writes with the transparency and honesty that is brutally real and and Is painful to even read? He says in 2nd Corinthians in chapter 11 verses 2 and 3 said I'm I'm jealous over you with godly jealousy I've espoused you to one husband that I may present you as a a chased a pure virgin to Christ But I fear lest by any means as a serpent beguiled Eve through his subtlety your mind should be Corrupted from the simplicity that is in Christ He said I'm like a father with his virgin daughter And and I'm afraid that someone will seduce you I'm afraid that you're gonna be taken and hurt harmed and left in pain. I Betrothed you as a chased virgin to Christ, but there are some who are coming to corrupt you That's the heart of passion that every father who has a daughter can understand heart of protection Chapter 12 of 2nd Corinthians verses 14 and 15 he says for the third time. I'm ready to come to you And I will not be burdensome to you for I do not seek yours, but you For the children ought not to lay up for the parents But the parents for the children and I will very gladly spend and be spent for your souls Though the more abundantly I love you The less I'm loved The more I love you the less you love me, but I will burn myself out for you because I love you That's the heart of a shepherd. That's the heart of the apostle Paul You see as a shepherd he loves the church And he was constantly concerned with their spiritual life He would speak of that again in 2nd Corinthians How that he had so many things that he went through beatings and stripes and being shipwrecked and and Things of that nature and he said in 2nd Corinthians 11 verse 28 beside the other things what comes upon me daily My deep concern for the churches I've gone through so much pain. I've gone through so much hurt physically Many sleepless nights many fastings many prayers. I've gone through so much Paul said But the thing that is really at the premiere the thing that is really at the top is my concern for the churches of the Lord Jesus Christ he was somebody who would plant a church and then want to go back to see how they were doing in Acts 15 36 some days after Paul said after Paul said to Barnabas Let us go again and visit our brethren in every city where we preach the word of the Lord and see how they're doing That was Paul. He was somebody who if he brought someone to the Lord would be concerned about their walk with God He knew it was Irresponsible to simply lead somebody to Christ without concern for their follow-up And so he said I've got to go back and I have to check on them. I want to see how the churches are doing I want to make sure they're still walking with the Lord And so this is what's going on here, and this is really how he's beginning though You may not see that at first But that's how he's beginning here in verse 12 when he says brethren I urge you to become as I am for I am as you are you have not injured me at all What he's speaking about is is very basically I Want to share my heart with you because up to this point and we've seen this I've I've had to reprove you Because false teachers have have enter in and and they're undermining your faith And and you have been deceived and I'm greatly greatly disturbed about this I urge you as what he's saying become as I am and I'll show you what that means in just a moment but I'm concerned because Though your your your people who who have heard the truth of the gospel you've been deceived remember chapter 3 Verse 1 how he said beginning at verse 1 foolish Galatians who's bewitched you that you should not obey the truth Before whose eyes Jesus Christ was clearly portrayed among you as crucified this only I want to learn from you Did you receive the spirit by the works of the law or by the hearing of faith?  Are you now being made perfect by the flesh? Have you suffered so many things in vain if indeed it was in vain? And so he's already speaking concerning about that he's speaking that concerning that because those False teachers have entered in and have brought Gospel that is false and therefore is ensnaring them and taking them from the liberty that Jesus has given to them And bringing them into bondage And any minister of the gospel who knows the grace of God as paul did Doesn't want to see the church in bondage In legalistic bondage being The life being just dried up inside of them Do it does the enemy deceive and can he deceive even genuine believers? Absolutely Even genuine believers if they're not in the word of god if they're not maturing Can be deceived there's no doubt about that when I first got saved 20 years old Genuinely saved gave my heart to the lord was born again had a tremendous sense of his presence A great testimony of his presence in my life And as a new believer Some jehovah's witnesses stopped by my house Gave me some of their material. I began to read it And some of the things that they said were contrary to what the scriptures taught, but I didn't know that I had just been saved I didn't know exactly what the scriptures said yet And for a period of time I began to think well, maybe they're right about these things Maybe they're telling me the truth. Is it possible to be to be deceived? Yes Yes, you can be And that's why paul is so greatly concerned. He doesn't want them to be deceived. Is there something called truth? Yes, where is it found in the bible rightly divided?  Jesus said is truth you see And so we do have that truth We embrace the truth but false teachers enter in and they can undermine that and paul is greatly concerned about that And so he wants them to continue because he doesn't want his work amongst them to amount to nothing That's what he had said In verse 11 when he had said i'm afraid for you lest I've labored for you in vain I don't want the work that I have performed amongst you to be in vain to amount to nothing I'm not giving up on you But i'm afraid that my labor may be in vain I want you to remain strong. It's like what john in second john verse 8 said look to yourselves That we do not lose those things we work for but that we may receive a full reward I don't want you to be lacking in anything and losing out in anything So it causes him great personal pain because he has to admonish and correct the church But there's a dangerous situation here. He has to do that He has to speak to them in this fashion because because they're in such danger You have to do that and sometimes if somebody's in danger You don't whisper you do raise your voice And you do make it very very clear that you're greatly concerned about what is going on and that's what he's doing Now he needs to repeat himself. He needs to minister to them. He needs them to understand And that's what he's doing here. He's he's communicating to them and and wanting them to know That they needed to be corrected and need to be corrected because it's that Serious and that's why he goes in verse 12 and says I urge you to become as I am for I am as you are When he says I urge you to become as I am for I am as you are first He's saying I am living in the grace and freedom of the Lord and so should you I want you to become as I am I want you to walk in the grace of Jesus Christ.  I want you to have the freedom that christ has given to me I want you to know those things personally And I want you to enjoy those things even as paul could say even as I do I want you to have those things It's like I as a father would speak to my children when they were young and I would say I don't want you to have my testimony of evil I want you to know the good that god can do in somebody's life I want you to avoid the things that caused me pain so that you never suffer with with those things so that you might not have my Testimony, I want you to have the joy of the spirit And that's what happens When you really love somebody you want them to avoid the things that are unnecessary the things that they don't really have to go Through you don't have to go through certain things to learn Learn from others Learn from their mistakes But as for himself, I want you to be as I am I want you to live in the grace and I want you to live in the freedom of jesus christ I live in that and I want you to also Become as I am I am dead to the law, but I am alive in jesus christ become as I am That's what he had said in verse 19 of chapter 2 I through the law died to the law that I might live to god and I want you to have that too Yet said in philippians 3 verse 7 whatever was to my prophet. I now consider loss for the sake of christ I want you to have the joy that comes to knowing god You see I am as you are I'm a sinner saved by grace I'm a sinner saved by grace Paul was jewish the galatians were Gentiles But god has made no difference between the two We all need the grace of god. We all need to in faith heal ourselves to jesus christ. We all need to be born again So he's saying even as you Well, so am I I'm somebody who needed god's grace I'm somebody who needed god to move in my life I needed somebody god himself to to reach down and and to communicate to me and to to say to me This is the way I I was that way and so are you You see all we are Who are saved our Our beggars who are starving Who have been shown where you can have a great banquet And we go out and invite others who were in our condition for the same Look at I was thirsty and I know where you can drink some good water And that's what we do So we're never any better than anybody else Nobody in this room Is any better than anybody else? qualitatively In terms of our need for salvation we equally We're lost and equally need the grace of god every day every day And so paul said I want you to be like I am and I have been like you are I'm an individual who who knows the grace of god and I simply want you to walk in that You see paul was a jewish rabbi and as a jewish rabbi He paid a very costly price when he came to jesus christ And these judaizers these individuals who are entering into galatia and trying to bring them under the law of moses Can actually intimidate these galatians and can even embarrass them to the point where they embrace The slavery of the law and that's why he's saying I want you to walk in the freedom and the grace I understand what the law is I lived under it. I don't want you there Notice how he says you've not injured me at all In other words, I'm not taking this personally Any injury that has been caused at all has not been to me because I'm not taken it personal but frankly If there's any injury that you've caused it would really be to the gospel and and it would be to your own spiritual lives It would be to the gospel because you're starting to mix the law with grace And if you take that out and try and give that then then that is is a mixture of of truth and error And and and you're actually doing harm to the gospel of grace that message of goodness that god has for us Whereby if a man embraces they can be saved I just received a an email question from Somebody in the who doesn't go to this fellowship, but she has a relative who does and Was asking me a question related to baptism because she had she said I had heard the gospel, but shortly thereafter was brought into a and these are her words a cult And she said and I stayed in that cult for a few years And she said to me I just answered this question just just today And she said and and I just want to know she said if If I don't get baptized or if I'm not baptized am I am I unsaved?  See that's mixing law with grace That's mixing law if you don't do this if you don't get water baptized you're going to go to hell is is is typical of many cults I had a lady who used to be in one of my bible studies when I used to teach over here in a house Before I planted this church Who came up to me and she was from a similar kind of background and she said The same question plus she was saying you know Churches aren't supposed to have guitars and they're not supposed to have drums and they're not supposed to have musical instruments They're supposed to just sing without any musical accompaniment because god says we're to sing with grace in our heart Etc she got that from a cult She got that from a cult that said no you can't have guitars and you can't have Pianos and you can't have drums And and those kinds of things were one is wrong because Psalm 150 makes it very clear that you praise the lord with all manner of musical instruments And the bottom line is and then the new testament says that we sing hymns and psalms to the lord hymns and psalms were sung with the musical accompaniment And so for them to say that you shouldn't have music Or say that you have to have Water baptism to be saved is the kind of thing that brings people into bondage and these people are they have no joy Their representatives came to my house on one occasion And knocked on the door they didn't know that I was already a christian or anything They were just representing their their cult and I was familiar with their cult and they came and knocked on my door And I came walking out and spoke to these young men And they said we'd like to invite you to a bible study on wednesday night And I smiled at them and I said I already attend a bible study wednesday night Oh, you do Where do you go? I said calvary chapel Oh I remember very well they looked at each other then they looked at me. Oh That's that church that says you need jesus in your heart to be saved Do you know and then they wanted to argue with me, you know, they wanted to argue with me because that's what they do They don't bring any truth They bring an argument and they try to ensnare you with the argument It is very typical It's very typical And so that isn't brand new that has been taking place for 2000 years these judisers entered into the churches of galatia They began to bring a gospel that was different paul's already said let them be anathema let them be accursed He said even an angel came in and brought a different gospel may they be forever accursed cut off Why because the grace of god is that important? Because it's the grace of god through faith that you get saved by No, I don't take this personally you haven't injured me at all But you really are taking the gospel And you're taking the power out of it When you begin to mix it up with the law and start giving people these uh legalistic rules and regulations to live by and not only that You're also injuring yourself your own spiritual life because you're not going to grow in the joy of the presence of the lord And so what you do is you you end up altering the gospel and starving yourself spiritually So no you haven't injured me, but you really are doing harm to yourself He says in verse 13 You know that I you know that because of physical infirmity I preached the gospel to you at the first my trial which was in my flesh You did not despise or reject, but you received me as an angel of god even as christ jesus What then was a blessing you enjoyed for I bear you witnessed that if possible you would plucked out your own eyes and given them to me And so we need to walk in the grace of god and now he reminds them Concerning how he first began to minister to them. I find this interesting how he says it You know that because of physical infirmity. I preached the gospel to you at the first So he's recalling how he had uh minister to them initially and he speaks of infirmity physical infirmity That word infirmity if you take notes you might want to note this the word infirmity there speaks of feebleness of health It speaks of sickness in the body Why am I even saying you ought to note this? Because there are those who have been now for several years teaching that if you're really born again You'll never be ill. You'll never be sick And they teach that It's uh, it's called the the health gospel the health and wealth gospel. Some of you have heard it Some perhaps even came out of that Well, they'll say if you really have a true confession of faith and you don't waver Then you can be a hundred percent. Well any illness you may encounter Can be overcome by faith One of their greatest proponents the father of that movement and I could share a few things. I'll just share this um He died of a heart attack And had been hospitalized several times with heart conditions, but his followers were never told that they were never told that this man Who's saying you can be a hundred percent sure that you heal just confess it and embrace it His followers were never told that this is a man who dealt with frequent infirmities He never never it was never published, but he died of a heart condition Because as much as he tried to convince others that you could have a hundred percent guarantee of healing The fact is god is sovereign and chooses whom he's going to heal Paul had a physical infirmity And that's what he's referring to here. I had a feebleness of health. I had sickness in the body And and the the first time I came in ministered to you was due to the fact that I I was ill Now They're not quite sure nobody's really quite sure because he doesn't identify what it was but I want you to Notice verse 15 he said What then was the blessing you enjoyed for I bear witness that if possible you would have plucked out your own eyes and given them to me And many many conservative scholars believe that he's relating to an illness that had something to do with His eyes and and and that he couldn't see that there were times and and I'll show you this in just a moment But that he had some kind of illness that that That could have been a trial to them It may have been an attack of malaria had something to do with this vision either way He was there when he was sick And it was the illness that actually was used to bring him there in the first place and and as he walked in let's face it I mean He and he's referring to this. He said you could have you could have rejected me Uh on appearance alone Now at first He's even going to Galatia may have appeared Circumstantial I I want to give you something very practical only take a moment But this is practical god actually orchestrates circumstances in order that he might achieve his means God has a way of of orchestrating things so that you find your way into the center of his will Psalm 37 23 says the steps of a good man are ordered by the lord and he delights in his way God if you're walking in the spirit, you're led by the spirit and god has a way Of leading you where he wants you to be He has a way of doing that I got saved Went in the army Got out of the army Went into a spiritual tailspin Got right with the lord I said to god, I don't want to be Half in and half out. I want to follow you with all of my heart and I want to be trained in how to to teach and to know things about you so I went to bible college went to biola 1973 in september I started teaching a home bible study 1974 my brother frank Was going through a real difficult time in his marriage and He came to visit us. We took him to church When my brother was there at church an invitation was given and my brother gave his heart to christ So he was born again august 4th 1974 Well, I wait for him to be in church and go to bible studies. He lives in ontario. I live in norwalk And um, it's 45 minute drive. He works late. He can't make to my bible studies. So I tell my sister madeline.  It's my sister madeline It's me and it's my brother frank september october Giving him bible studies just us going through the gospel of matthew. He starts inviting friends from work They start showing up to his little apartment. They're off of D street And san antonio by a park And these people start showing up It's november Young woman comes I talked to her after the bible study. She doesn't know the lord Two weeks later. She's back at that bible study My sister madeline leads her to christ In that bible study that I was teaching there in the city of ontario This girl needs discipling So I marry her. I used to teach a bible study just down the street from here She would come to that study on occasion But she always came to the studies that I gave At my brothers We moved it to another house in montclair We moved it to another house in montclair And when he used to teach that bible study in montclair, there was a little boy We used to look around When I was teaching he would come and look around the corner because he and his sister had to be in the back room Well, we were having bible study.  That would be a great place for a church You see we Marie get saved We get married We're living in rollin heights Move to nerwalk Getting involved going to school Sitting under walter martin to learn apologetics End up going to claremont So that I can bring my bride to visit her mom and dad every sunday I get involved in the church in claremont I get ordained In 81 I leave and come over here We start in a little house We get a school Then we get another school You get some property then we end up in this place Place that I used to drive by when I lived over here And it becomes a place that god had planned all along For us to have So that we could have calvary chapel chino valley Calvary chapel chino valley already was in the heart of god long before it was in mine God already had a plan That one day we would be here on a wednesday night Getting in the word of god worshiping jesus christ in this place here God will orchestrate circumstances in your life Even as they're beginning to be blended you may not even see how they're going to eventually work out But then you look back over time and you say so that's what you intended all along All along You mean all those times I prayed and said god with that little girl would walk in that bible study That little blonde with those blue eyes and I'd say in jesus name. I claim her for me You mean you had one you you left in the oven a little bit longer All along For me and that girl Would be from a city that I wouldn't even do anything other than pass through as fast as I could Because who wants to live in chino? Who wants to live in chino? I mean the mascot is a fly I want to live here Because there's a reason to be here God orchestrates god orchestrates your footsteps He says yeah, it's cool. You you love san luis abispo. You'd love to live there. It's not for you Yeah, you can love. Oh, yes lagoon is a beautiful place. It's not for you I have something for you that Well in the morning when you wake up, you'll know exactly where you're at God orchestrates you know guys I cannot emphasize enough The fact that god Can bring circumstances together in just a way That when it's all said and done you see the hands of god moving And you do see it And so even though it was an illness that brought him there in the first place god used that illness For churches to be planted And people to be saved And so that's what he's basically referring to Now he says in verse 15. What then was the blessing you enjoyed? What was the source of your being blessed was your joy the result of living under jewish law? Or was it the joy of the freedom that you have in jesus christ when you when you first got saved? Was there not a joy there under grace you had joy Under grace he's saying you had peace you had comfort you had blessings you had love you have freedom I bear you witness that if it was possible you to plucked out your own eyes and given them to me From the beginning You loved me From the beginning you received that message that I preached from the beginning You looked at me as what I was a messenger of the lord jesus christ and your heart was knit with mine now This is something very touching From the beginning You would have even sacrificed your own eyesight for me.  I've been ministering for a long time There are some many That I could ask that question to Have I become your enemy because I tell you the truth That's the cost of telling the truth When you speak the truth Like paul said to the Ephesians in chapter 4 verse 15 speak it in love But speak it nonetheless Speak the truth Tell the truth Have I therefore become your enemy because I tell you the truth What happened When he was speaking to the Corinthians in 1st Corinthians, he said though you may have 10,000 Instructors in christ yet you have but one father. I begot you in the gospel You may have people who come and add on to the foundation that I laid You came to faith through jesus christ through the ministry that you accepted through me And now here come all these people who want to add to your faith the things That they believe is going to make you stronger in the things of god But I want you to remember you will never go deeper than the foundations that were laid And i'm your father I brought you to faith That is the heart of a pastor. That's the heart of the pastor in ministry There are people who get angry at you all the time They write you letters You know I have a I have a A blog on our our Church's webpage and people will write things to me You know unkind words of angry rebuke or whatever And you think about that But people do that that's just life I was sharing with The uh shepherd's class on money night if you don't have thick skin don't go in the ministry Sheep may appear harmless, but they still bite And they do And sometimes they'll nip and sometimes they'll tear And sometimes they intentionally will say something to hurt you intentionally to bring pain But paul is saying to them How could I possibly be your enemy if I tell you the truth? faithful Are the wounds of a friend When you have a friend Who is willing to tell you the truth? You've got a friend You know some people don't want to hear the truth Sometimes they'll even ask questions as if they really want you to tell them the truth, but it's a setup watch out Man you know this When your wife says do I look fat in these pants? That's a trap If she didn't think she did look fat she wouldn't ask you Be careful Sometimes people don't appreciate the truth being presented But I have to tell you that the dearest friends I've had in the past I've been the ones who've been honest with me who've loved me Not the ones who are kind of like You know drive by critics They go by real slow.   I grew up that way Which is good in some ways you you always know where I am Where I stand you don't even have to ask. I'll let you know That's my personality You know tell the truth especially When you're speaking in the name of god Especially when you speak in the name of god Don't water it down Don't make it seem a lot easier. Look at jesus said Deny yourself Pick up your cross daily Follow me There's no compromise to that There's just a straight challenge you see And paul is speaking to the glations and the glations are getting all heard over the fact that he's telling the truth And therefore he says look it in this telling you the truth One I want you to remember how you treated and looked at me at first when I came in I brought this message to you of the salvation you could have in christ That you could have freedom in jesus the hope and the peace and the joy and the love And the comfort that comes from god you embraced it and you saw my condition I was not looking so good my eyes were swollen more than likely you would have taken out your own eyes and given to me What happened Well, what happens is people will come in And begin to challenge And begin to undermine And that's what had taken place now One aside and then I'll move on and conclude It would seem obvious that paul did have poor eyesight You can see various times that he's writing that that makes it seem pretty obvious look at verse 11 in chapter 6 here in galatians See with what large letters I have written to you with my own hand Paul would often use ascribe Who would write what he was dictating You see that in robins chapter 16 verse 22 when When it says I terseus who wrote down this letter greet you in the lord But paul would very often Close the letter with his own writing so it would be authentic so that people would know that he was writing to them He said in 1st chrithian 16 21 I paul write this greeting in my own hand Colossians 4 18 I paul write this greeting in my own hand 2nd Thessalonians 3 17 I paul write this greeting in my own hand, which he says is the distinguishing mark in all my letters This is how I write And so there were those that would have said That they were sending a letter and or paul had sent a letter and they had it paul was saying no There are some who are saying that I'm writing and I'm not therefore I will write with my own hand So you'll know my signature and it's authentic in that way but Because of his poor eyesight he would write with large letters As he was writing and that's why in chapter 6 verse 11 he would refer to that Now when he goes on he says in verse 17 They zealously court you but for no good. Yes, they want to exclude you that you may be zealous for them But it is good to be zealous in a good thing always And not only when I'm present with you my little children for whom my labor and birth again into crisis formed in you I would like to be present with you now And to change my tone for I have doubts about you Notice he says they zealously court you but for no good most cults seem to truly care about you They really do until they get hold of you Cults will pay attention to you. They'll come over to your house as often as is possible They'll take you to their church. They'll do everything they can until you finally get into the cult And then they no longer have anything to do with you most cults truly seem to care about you Again once they have you they stop caring why because they're only speaking They're only seeking spiritual scalps or maybe that they're going to profit off of you financially And so they zealously court you but for no good Ultimately, they'll exclude you from the grace of god notice verse 18 It's good to be zealous in a good thing always and not only when I'm present with you It's good to seek to honor god. That's always good This is how he sought them out and this is how they ought to view his example I sought you out. I did so for good.  This isn't my church I didn't die for it I didn't pay for it Jesus did he poured his blood out So no, you don't go to my church You're part of the body of christ that fellowships here in chino in chino valley. That's what you are See somebody who's going out to try and build up his own ministry and own reputation is a dangerous individual That's what they're doing But he's saying I've got a deeper concern notice verse 19 my little children for whom I labor and birth again into christ is formed in you My little children, you're precious to me. I love you dearly and I agonize Over you because I want to see you become mature in your faith That is something that the average person doesn't understand that is something that pastors over time begin to value My great desire after all of these years of ministry is to see the church mature in the things of god To love him To hold on in times that that's tough to when it's there's a struggle in your faith Is being challenged to to see you rise and meet that that that challenge in the faith of christ and to see you Conquer and walk victoriously that to walk in the joy to walk in in faith and truth That's what a pastor wants to see And and so there's a there's an agony in that pastor that others don't understand sometimes they think that Oh, you're just you're meddling in my life or you're just you're just too interested in me And and now the bottom line is a true pastor is going to always care in that way A true pastor in many ways is like a father when I was Married and having children already My mom On occasion when she was able to do this She would pull me over to her and she'd want me to sit on her lap so she could hold me I'd say mom I'm a man I'm married. I got kids Sad all about You're still my baby You'll always be my baby.  I'll put this picture of my babies And every once in a while somebody will write uh pastor. I hate to tell you these aren't babies And my response is always the same They'll always be my babies Gray hair Doesn't matter. They'll always be my babies and those grandchildren.  I wish I could be there with you Then I might see you Then I might be able to evaluate evaluate personally your condition I'm very concerned for you and I want to see you do well The church needs people who in listening to their pastor listen for the message of christ and pastors Who in laboring among the people Look for the image of christ It's my great desire that those who call this church their home All of us might grow together In our maturity being conformed into the image of jesus together And to grow into a vital loving fellowship of genuinely mature christians Who understand what it means to follow jesus christ and that was the heart of the apostle paul