Yes, pepper spray is legal in India but classified as an “improvised explosive device” under the Explosives Act, 1884, requiring strict compliance with local licensing norms. The Delhi Police (2023) and Mumbai Police (2024) enforce permits under the Arms Act, 1959, mandating non-lethal use only. Retailers must register with the Petroleum and Explosives Safety Organisation (PESO) under the 2026 draft amendments to the Explosives Rules.
Key Regulations for Pepper Spray in India
- Licensing Mandate: Possession requires a valid arms license under Section 4 of the Arms Act, 1959, issued by state police authorities. Unlicensed possession risks confiscation under Section 25 of the Arms Act.
- Concentration Limits: Only formulations with ≤1% capsaicin content are permissible. Higher concentrations are treated as Schedule I explosives under the Explosives Act, 1884.
- Retailer Compliance: Dealers must obtain PESO registration (Explosives Rules, 2026 draft) and maintain sale records for 5 years. Online sales are prohibited without prior police verification.