Preamble

An Act to consolidate and amend the law relating to arms and

ammunition.

BE it enacted by Parliament in the Tenth Year of the Republic of India

as follows: -

PRELIMINARY
Chapter I

1. Short title, extent and commencement - (1) This Act may be

called the Arms Act, 1959.

(2). It extends to the whole of India.

(3). It shall come into force on such date [ Note: 1 st October, 1962, vide
Notification No. G.S.R. 992, dated 13-7-1962, see Gazette of India, Pt.
II, sec. 3(i) p. 1092. ] as the Central Government may, by notification in
the Official Gazette, appoint.

2. Definition and interpretation - (I) in this Act, unless the context

otherwise requires -

(a) "acquisition " with its grammatical variations and cognate

expressions, includes hiring, borrowing, or accepting as a gift;

(b) "ammunition" means ammunition for any firearms, and includes-

(i) rockets, bombs, grenades, shells [ (Note: Subs. by Act 42 of 1988, s.

2 (w.e.f. 27-5-1988) ) and other missiles,]

(ii) articles designed for torpedo service and submarine mining,

(iii) other articles containing, or designed or adapted to contain,

explosive, fulminating or fissionable material or noxious liquid, gas or
other such thing, whether capable of use with firearms or not,

(iv) charges for firearms and accessories for such charges

(v) fuses and friction tubes,

(vi) parts of, and machinery for manufacturing, ammunition,

(vii) such ingredients of ammunition as the Central Government may,

by notification if the Official Gazette, specify in this behalf;

( c) "arms" means articles of any description designed or adapted as

weapons for offences, or defence, and includes firearms, sharp-edged
and other deadly weapons, and parts of, and machinery for
manufacturing arms, but does not include articles designated solely for
domestic or agricultural uses such as a lathi or an ordinary walking
stick and weapons incapable of being used otherwise than as toys or
being converted into serviceable weapons;

Comments

Articles used mainly for agricultural or domestic purpose e.g. lathi,

walking stick or scissors (for tailoring) or kept for religious nuisance,
are not covered under this provision. However, articles particularly
‘designed and adapted’ for use as weapons for offensive and/or
defensive purposes e.g. Ganasa, are well within the ambit of this
provision [Ram Rattan Puran Singh, Appellant v. The State,
Respondent; AIR 1968 Punj. & Har. 520 (521) V 55 C118]. In this case,
the appellant, with whom Bhanjo, daughter-in-law of Sawan Singh, had
developed illicit relationship, was heading towards Bhajno’s husband’s
house, armed with a Gandasa, for obvious reasons and motives. But on
the way, Sawan Singh intercepted and tried to reason with him
whereupon the appellant warned him to keep aloof or face his wrath.
Then the appellant inflicted grave injuries on the unarmed old man.
However, Bhajno’s husband came running on the spot, hearing Sawan
Singh’s cries and shouting for help,l and in exercise of the right of self
defence, he injured the appellant with another Gandasa. So, Gandasa
was used for both offensive and defensive purposes, bringing it well
within the ambit of the definition of ‘arms’.

(d) [ Note: Subs. by Act 55 of 1971, s. 2, for the former clause.] "district
magistrate" in relation to any area for which a Commissioner of Police
has been appointed, means the Commissioner of Police thereof and
includes any such Deputy Commissioner of Police, exercising
jurisdiction over the whole or any part of such area, as may be
specified by the State Government in this behalf in relation to such
area or parts;)

(e) "firearms" means arms of any description designed or adapted to

discharge a projectile or projectiles of any kind by the action of any
explosive or other forms of energy, and includes, --

(i) Artillery, hand-grendades, riot-pistols or weapons of any kind

designed or adapted for the discharge of any noxious liquid, gas or
other such things,

(ii) accessories for any such firearms designed or adapted to diminish

the noise or flash caused by the firing thereof,

(iii) parts of, and machinery for manufacturing, firearms, and

(vi) carriages, platforms and appliances for mounting, transporting and

serving artillery;

(f) "licensing authority" means an officer of authority empowered to

grant or renew licences under rules made under the Act, and includes,
the Government ;

(ff) [ Note : Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983) ] "magistrate"

means an Executive Magistrate under the Code of Criminal Procedure
1973 (2 of 1974) ; )
(g) "prescribed" means prescribed by rules made under this Act;

(h) "prohibited ammunition" means any ammunition, containing, or

designed or adapted to contain, any noxious liquid, gas or other such
thing, and includes rockets, bombs, grenades, shells, ( [Note : Ins. by
Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) ] missiles) articles designed for
torpedo service and submarine mining and such other articles as the
Central Government may, by notification in the Official Gazette, specify
to be prohibited ammunition ;

(i) "prohibited arms" means –

(i) firearms so designed or adapted that, if pressure is applied to the

trigger, missiles continue to be discharged until pressure is removed
from the trigger or the magazine containing the missile is empty, or

(ii) weapons of any description designed or adapted for the discharge

of any noxious liquid, gas or other such thing, and includes artillery,
anti-aircraft and anti-tank firearms and such other arms as the Central
Government may, by notification in the Official Gazette, specify to be
prohibited arms ;

(j) "public servant" has the same meaning as in Section 21 of the

Indian Penal Code (45 of 1860) ;

(k) "transfer" with its grammatical variations and cognate expressions,

includes letting on hire, lending, giving and parting with possession.

(2) For the purposes of this Act, the length of the barrel of a firearm
shall be measured from the muzzle to the point at which the charge is
exploded on firing.

(3) Any reference in the Act to any law which is not in force in any area
shall, in relation to that area, be construed as a reference to the
corresponding law, if any, in force in that area.

(4) Any reference in this Act to any officer or authority shall, in relation
to any area in which there is no officer or authority with the same
designation, be construed as a reference to such officer or authority as
may be specified by the Central Government by notification in the
Official Gazette.

ACQUISITION, POSSESSION, MANUFACTURE, SALE,

IMPORT, EXPORT AND TRANSPORT OF ARMS AND
Chapter II
AMMUNITION

3. Licence for acquisition and possession of firearms and

ammunition — [ Note: S. 3 renumbered as sub section (1) thereof by
Act 25 of 1983, s. 3 (w.e.f. 22-6-1983) ] (1) No person shall acquire,
have in his possession, or carry any firearm or ammunition unless he
holds in this behalf a licence issued in accordance with the provisions
of this Act and the rules made there under :

Provided that a person may, without himself holding a licence carry

any firearms or ammunition in the presence, or under the written
authority, of the holder of the licence for repair or for renewal of the
licence or for use by such holder.

(2) [ Note: Ins. by s. 3., ibid., (w.e.f. 22-6-1983) ] Notwithstanding

anything contained in sub-section (1), no person, other than a person
referred to in sub-section (3), shall acquire, have in his possession to
carry, at any time, more than three firearms:

Provided that a person who has in his possession more firearms than
three at the commencement of the Arms (Amendment) Act, 1983, may
retain with him any three of such firearms and shall deposit, within
ninety days from such, commencement the remaining firearms with
the officer in charge of the nearest police station or, subject to the
conditions prescribed for the purposes of sub-section(1) of section 21,
with a licensed dealer or, where such person is a member of the armed
forces of the Union, in a unit armoury referred to in that sub-section.

(3) Nothing contained in sub-section (2) shall apply to any dealer in

firearms or to any member of a rifle club or rifle association licensed or
recognised by the Central Government using a point 22 bore rifle or an
air rifle for target practice.

(4) The provisions of sub-section (2) to (6) (both inclusive) of section

21 shall apply in relation to any deposit of firearms under the proviso
to sub-section(2) as they apply in relation to the deposit of any arms or
ammunition under sub-section (1) of that section.]

Comments

The power & jurisdiction of the licensing authority to initiate

‘cancellation of licence’ proceedings, has been vested with the A.D.M.
(Lakhan Singh v. Commissioner, Jhansi Div., Jhansi & Ors.; AIR 1984 All.
122 (123)]

4. Licence for acquisition and possession of arms of specified

description in certain cases – If the Central Government is of
opinion that having regard to the circumstances prevailing in any area
it is necessary or expedient in the public interest that the acquisition,
possession or carrying of arms other than firearms should also be
regulated, it may, by notification in the Official Gazette, direct that this
section shall apply to the area specified in the notification and
thereupon no person shall acquire, have in his possession or carry in
that area arms of such class or description as may be specified in that
notification unless he holds in this behalf a licence issued in
accordance with the provisions of this Act and the rules made there
under.

Comments

Lead in the ‘raw shape/form’ i.e. when used for industrial or

manufacturing purposes, is excluded from the ambit of this provision.
But if it takes the shape / form of a finished product like bullet or even
empty cartridges, it comes under the definition of ‘ammunition’.
However, lead in the form of a finished product like pencil is also
excluded for such purposes.
5. Licence for manufacture, sale, etc, of arms and ammunition
–

(1) [ Note: Section 5 renumbered as sub-section (1) thereof and in sub-

section (1) as so renumbered the proviso omitted by Act 25 of 1983, s.
4 (w.e.f. 22-6-1983) ] No person shall -

(a) [ [ Note : Subs by Act 42 of 1988, s. 3 (w.e.f. 27-5-1988) ] use,

manufacture,] sell, transfer, convert, repair, test or prove, or

(b) expose or offer for sale or transfer or have in his possession for
sale, transfer, conversion repair, test or proof,

any firearms or any other arms of such class or description as may be

prescribed or any ammunition unless he holds in this behalf a licence
issued in accordance with the provisions of this Act and the rules made
there under.

[ Note: Section 5 renumbered as sub-section (1) thereof and in sub-

section (1) as so renumbered the proviso omitted by Act 25 of 1983, s.
4 (w.e.f. 22-6-1983) ]

(2) [ Note: Subs by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ]

Notwithstanding anything contained in sub-section (1), a person may,
without holding a licence in this behalf, sell or transfer any arms or
ammunition which he lawfully possesses for his own private use to
another person who is entitled by virtue of this Act, or any other law for
the time being in force to have, or is not prohibited by this Act or such
other law from having in his possession such arms or ammunition :

Provided that no firearm or ammunition in respect of which a licence is

required under section 3 and no arms in respect of which a licence is
required under section 4 shall be sold or transferred by any person
unless –

(a) he has informed in writing the district magistrate having jurisdiction

or the officer in charge of the nearest police station of his intention to
sell or transfer such firearms, ammunition or other arms and the name
and address of the person to whom he intends to sell or transfer such
firearms, ammunition or the other arms, and

(b) a period of not less than forty-five days has expired after the giving
of such information.]

Comments

Article 21 of the Indian Constitution does not cover the right of an

individual to acquire and possess fire-arms, though the fundamental
right of protection of life and personal liberty comes well within its
ambit. On the contrary, unlike in U.S.A. [S.C. of U.S.A. in Presser v.
Illinois (1884-85), it is not a matter of right here but rather a privilege,
subject to the provisions of this Act. However, due to ever-growing
mafia-clout and gangsters resulting in an open and insane use of
deadly weapons, the fundamental right to possess / bear arms
provided by the ‘Second Amendment to the American Constitution’ has
come under sharp and bitter-criticism. The bite of the mafia has proved
to be worse than the ‘bark’ of the law-makers espousing such
provisions for dealing with the security and law and order of the State.

6. Licence for the shortening of guns or conversion of imitation

firearms into firearms – No person shall shorten the barrel of a
firearm or convert an imitation firearm into a firearm unless he holds in
this behalf a licence issued in accordance with the provisions of this
Act and the rules made there under.

Explanation – In this section, the expression ‘imitation firearms" means

anything which has the appearance of being a firearm, whether it is
capable of discharging any shot, bullet or other missile or not.

7. Prohibition of acquisition or possession, or of manufacture

or sale, or prohibited arms or prohibited ammunition – No
person shall –

(a) acquire, have in his possession or carry; or

(b) [ [ Note: Subs. by Act 42 of 1988, s. 4 (w.e.f. 27-5-1988) ] use,

manufacture,] sell, transfer, convert, repair, test or prove ; or

(c) expose or offer for sale or transfer or have in his possession for
sale, transfer, conversion, repair test for proof,

any prohibited arms or prohibited ammunition unless he has been

specially authorised by the Central Government in this behalf.

8. Prohibition of sale or transfer of firearms not bearing

identification marks – (1) No person, shall obliterate, remove, alter
or forge any name, number or other identification mark stamped or
otherwise shown on a firearm.

(2) No person shall sell or transfer any firearm which does not bear the
name of the maker, manufacturer’s number or other identification
mark stamped or otherwise shown thereon in a manner approved by
the Central Government.

(3) Whenever any person has in his possession any firearms without
such name, number or other identification mark on which such name,
number or other identification mark has been obliterated, removed,
altered or forged, it shall be presumed unless the contrary is proved,
that he has obliterated, removed, altered or forged that name, number
or other identification mark ;

Provided that in relation to a person who has in his possession at the

commencement of this Act any firearms without such name, number or
other identification mark stamped or otherwise shown thereon, the
provisions of this sub-section shall not take effect until after the
expiration of one year from such commencement.

9. Prohibition of acquisition or possession by, or of sale or

transfer to young persons and certain other persons of fire
arms, etc, - (1) Notwithstanding anything in the foregoing provisions
of this Act –
(a) No person,-

(i) Who has not completed the age of [twenty-one years], or

(ii) Who has been sentenced on conviction of any offence involving

violence or moral turpitude to imprisonment for [ [ Note: Subs. by Act
25 of 1983, s. 5 (w.e.f. 22-6-1983) ] any terms] at any time during a
period of five years after the expiration of the sentence, or

(iii) Who has been ordered to execute under Chapter VIII of the
[ [ Note: Subs. by Act 25 of 1983, s. 5 (w.e.f. 22-6-1983) ] Code of
Criminal Procedure, 1973 (2of 1974)] a bond for keeping the peace or
for good behavior, at any time during the term of the bond.

Shall acquire, have in his possession or carry any firearm or

ammunition;

(b) No person shall sell or transfer any firearm or ammunition to , or

convert, repair, test or prove any firearm or ammunition for, any other
person whom he knows, or has reason to believe—

(i) To be prohibited under clause (a) from acquiring, having in his

possession or carrying any firearm or ammunition, or

(ii) To be of unsound mind at the time of such sale or transfer, or such

conversion, repair, test of proof.

(2) Notwithstanding anything in sub-clause (I) of clause (a) of sub-

section (1), a person who has attained the prescribed age – limit may
use under prescribed condition such firearms as may be prescribed in
the course of his training in the use of such firearms:

Provided that different age –limits may be prescribed in relation to

different types of firearms.

10. Licence for import and export of arms , etc. -

(1) No person shall bring into, or take out of India by sea, land or air
any arms or ammunition unless he holds in this behalf a licence issued
in accordance with the provisions of this Act and the rules made there
under:

Provided that –

(a) a person who is entitled by virtue of this Act or any other law for
the time being in force to have, or is not prohibited by this Act or such
other law from having , in his possession any arms or ammunition, may
without a licence in this behalf bring into, or take out of, India such
arms or ammunition in reasonable quantities for his own private use;

(b) a person being a bona fide tourist belonging to any such country as
the Central Government may, by notification in the Official Gazette,
specify, who is not prohibited by the laws of that country from having
in his possession any arms or ammunition, may, without a licence
under this section but in accordance with such conditions as may be
prescribed, bring with him into India arms and ammunition in
reasonable quantities for use by him for purposes only of sport and for
no other purpose.

Explanation-For purpose of clause (b) of this proviso, word "tourist"

means a person who not being a citizen of India visits India for a period
not exceeding six months with no other object than recreation, sight-
seeing, or participation in a representative capacity in meetings
convened by the Central Government or in international conferences,
associations or other bodies.

(2) Notwithstanding anything contained in the proviso to subsection (1)

where the collector of customs or any other officer empowered by the
Central Government in this behalf has any doubt as to the applicability
of clause (a) or clause (b) of that proviso to any person who claims that
such clause is applicable to him or as to the reasonableness of the
quantities of arms or ammunition in the possession of any person
referred to in such clause, or as to the use to which such arms or
ammunition in the possession of such person until he receives the
orders of the Central Government in relation thereto.

(3) Arms and ammunition taken from one part of India to another by
sea or air or across any intervening territory not forming a part of
India, are taken out of, and brought into, India within the meaning of
this section.

11. Power to prohibit import or export of arms, etc. - The

Central Government may, by notification in the Official Gazette prohibit
the bringing into, or the taking out of, India, arms or ammunition of
such classes and descriptions as may be specified in the notification.

12. Power to restrict or prohibit transport of arms - (1) The

Central Government may, by notification if the Official Gazette, -

(a) Direct that no person shall transport over India or any part thereof
arms or ammunition of such classes and descriptions as may be
specified in the notification unless he holds in this behalf a licence
issued a accordance with provisions of this Act, and rules made there
under; or

(b) Prohibit such transport altogether.

(2) Arms or ammunition trans-shipped at a seaport or an airport in

India are transported within the meaning of this section.

PROVISIONS RELATING TO
Chapter III LICENCES

13. Grant of licences - (1) An application for the grant of a licence

under Chapter II shall be made to the licensing authority and shall be
in such form, contain such particulars and be accompanied by such
fee, if any, as may be prescribed.

(2) [ Note: Subs. by Act 25 of 1983, s. 6 (w.e.f. 22-6-1983) ] On receipt

of an application, the licensing authority shall call for the report of the
officer in charge of the nearest police station on that application, and
such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may,

consider necessary, and after considering the report received under
sub-section(2), shall, subject to the other provisions of this Chapter, by
order in writing either grant the licence or refuse to grant the same.

Provided that where the officer in charge of the nearest police station
does not send his report on the application within the prescribed time,
the licensing authority may, if it deem fit, make such order, after the
expiry of the prescribed time, without further waiting for the report].

(3) The licensing authority shall grant -

(a) A licence under section 3 where the licence is required -

(i) By a citizen of India in respect of a smooth bore gun having a barrel

of not less than twenty inches in length to be used for protection or
sport or in respect of muzzle loading gun to be used for bona fide crop
protection:

Provided that where having regard to the circumstances of any case,

the licensing authority is satisfied that in muzzle loading gun will not
be sufficient for crop protection, the licensing authority may grant a
licence in respect of any other smooth bore gun a aforesaid for such
protection, or

(ii) In respect of a point 22 bore rifle or an air rifle to be used for target
practice by a member of rifle club or rifle association licensed or
recognised by the Central Government ;

(b) A licence under section 3 in any other case or licence under section
4, section 5, section 6, section 10 or section 12, if the licensing
authority is satisfied that the person by whom the licence is required
has a good reason for obtaining the same.

Comments

(i) As far as the power and discretion of the licensing authority, which
includes the Government, is concerned in respect of arms under the
general category, it may grant or refuse the licence, even if the
procedural nuisances have been fully adhered to [Kapildeo Singh v.
State of Bihar & Ors; AIR 1987 Pat. 122(125)].

(ii) For a ‘licensing authority’ as defined u/s 2(f), it is obligatory to grant

a licence in an Indian citizen applies for it for the reason of his
protection. In that case, refusal to grant it will be unjustified &
unsustainable, provided the applicant has duly justified the reason and
adhered to the procedures/conditions as laid down in this regard [Ram
Khelawan Misra v. State of U.P. & Anr; AIR 1982 All. 283 (284,2850].

(iii) Although there is hardly any provision in the Act or the Rules
specifying any time-frame as such, but if an application for a licence
for a non-prohibited arm is not disposed of within three (3) months, it
will be deemed to have been allowed after the expiry of such a time –
frame. The point is to make the licensing authority realise that they
can not prolong or linger-on the disposal of such application (s) at their
own sweet will [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora
&Ors. AIR 1993 ALL. 291].

14. Refusal of licences - (1) Notwithstanding anything in section 13,

licensing authority shall refuse to grant -

(a) a licence under section 3, section 4, or section 5 where such licence

is required in respect of any prohibited arms or prohibited ammunition:

(b) A licence in any other case under Chapter II,-

(i) where such licence is required by a person whom then licensing

authority has reason to believe-

(1) to be prohibited by this Act or by any other law for the time being
in force from acquiring, having in his possession or carrying any arms
or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a licence under this Act, or

(ii) where the licensing authority deems it necessary for the security of
the public peace or for public safety to refuse to grant such licence.

(2) The licensing authority shall not refuse to grant any licence to any
person merely on the ground that such person does not own or
possess sufficient property.

(3) Where the licensing authority refuses to grant a licence to any

person it shall record in writing the reasons for such refusal and furnish
to that person on demand a brief statement of the same unless in any
case the licensing authority is of the opinion that it will not be in the
public interest to furnish such statement.

COMMENTS

(i) The Law mandates a refusal to grant licence even if the applicant
has duly followed the procedure, where the licensing authority has
reason (s) to believe that he is, for any reason, unfit for the licence
under the Act. Unfit is used in the context of hardened criminals or
those involved in horrendous crimes [Kapildeo Singh v. Distt.
Magistrate, Almora & Ors, AIR1987 Pat. 122(125)].

(ii) Under this provision, ‘public peace’ and ‘public safety’ do not imply
a stray or an ordinary disturbance of law & order. The licence can be
cancelled, suspended or refused on its renewal on the grounds of
disturbance or breach of law & order of such a ‘magnitude’ which
cannot be ignored as just a stray or an ordinary one. It also depends on
the apprehended or actual repercussions [Ganesh Chandra Bhatt v.
Distt. Magistrate, Almora & Ors. AIR 1993 All.291].

(iii) As regards the Arms Act, 1959, organic interpretation of its

provisions facilitates proper consideration of the right to self defence,
present social conditions & correct interpretation of the Constitution so
as not to render the statutes/ provisions unconstitutional. In this
context, the licence for non-prohibited arm shall be ordinarily allowed
with an exception in case of hardened criminals or those involved in
horrendous crimes, while the licence for prohibited arms shall not be
ordinarily allowed [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora
& Ors., 1993 All 291].

(iv) Merely on the ground (s) of implication in petty crime (s) or on the
basis of a false F.I.R., the arms licence shall/ cannot be cancelled’/
suspended, for it may be a senile ploy’ to deprive the licence holder of
his licensed weapon and disarm him so as to endanger his life. Hence,
in such examination of all relevant facts in an essential pre-requisite
before cancellation/ suspension of any licence [Ganesh Chandra Bhatt
v. Distt. Magistrate, Almora & Ors. AIR 1993 All.291].

15. Duration and renewal of licence- (1) A licence under section3

shall, unless revoked earlier, continue in force for a period of three
years from the dare on which it is granted:

Provided that such a licence may be granted for a shorter period if the
person by whom the licence is required so desires or if the licensing
authority for reasons to be recorded in writing considers in any case
that the licence should be granted for a shorter period.

(2) A licence under any other provision of Chapter II shall, unless

revoked earlier, continue in force for such period from the dare on
which it is granted as the licensing authority may in each case
determine.

(3) Every licence shall, unless the licensing authority for reasons to be
recorded in writing otherwise decides in any case, be renewable for the
same period for which the licence was originally granted and shall be
so renewable from time to time, and the provisions of section 13 and
14 shall apply to the renewal of a licence as they apply to the grant
thereof.

16. Fees, etc., for licence - The fees on payment of which, the
condition subject to which and the form in which a licence shall be
granted or renewed shall be such as may be prescribed:

Provided that different fee, different conditions and different forms

may be prescribed for different types of licences:

Provided further that a licence may contain in addition to prescribed

conditions such other conditions as may be considered necessary by
the licensing authority in any particular case.

17. Variation, suspension and revocation of licences - (1) The

licensing authority may very the conditions subject to which a licence
has been granted except such of them as have been prescribed and
may for that purpose require the licence holder by notice in writing to
deliver-up the licence to it within such time as may be specified in the
notice.
(2) The licensing authority may, on the application of the holder of a
licence, also vary the conditions of the licence except such of them as
have been prescribed.

(3) The licensing authority may by order in writing suspend a licence

for such periods it thinks fit or revoke a licence –

(a) if the licensing authority is satisfied that the holder of the licence is
prohibited by this Act or by any other law for the time being in force,
from acquiring, having in his possession or carrying any arms or
ammunition, or is of unsound mind, or is for any reason unfit for a
licence under this Act; or

(b) if the licensing authority deems it necessary for the security of the
public peace or for public safety to suspend or revoke the licence; or

(c) if the licence was obtained by the suppression of material

information or on the basis of wrong information provided by the
holder of the licence or any other person on his behalf at the time of
applying for it; or

(d) if any of the conditions of the licence has been contravened; or

(e) if the holder of the licence has failed to comply with a notice under
sub-section (1) requiring him to deliver-up the licence.

(4) The licensing authority may also revoke a licence on the application
of the holder thereof.

(5) Where the licensing authority makes an order varying a licence

under sub-section (1) or an order suspending or revoking a licence
under sub-section (3), it shall record in writing the reasons therefor and
furnish tot he holder of the licence on demand a brief statement of the
same unless in any case the licensing authority is of the opinion that it
will not be in the public interest to furnish such statement.

(6) The authority to whom the licensing authority is subordinate may

by order in writing suspend for revoke a licence on any ground on
which it may be suspended or revoked by the licensing authority; and
the foregoing provisions of this section shall, as far as may be, apply in
relation to the suspension or revocation of a licence by such authority.

(7) A court conviction the holder of a licence of any offence under this
Act or the rules made there under may also suspend or revoke the
licence :

Provided that if the conviction is set aside on appeal or otherwise, the

suspension or revocation shall become void.

(8) An order of suspension or revocation under sub-section (7) may

also be made by an appellate court or by the High Court when
exercising its powers of revision.

(9) The Central Government may, by order in the Official Gazette,

suspend or revoke or direct any licensing authority to suspend or
revoke all or any licences granted under this Act throughout India or
any part thereof.

(10) On the suspension or revocation of a licence under this section the

holder thereof shall without delay surrender the licence to the
authority by whom it has been suspended or revoked or to such other
authority as may be specified in this behalf in the order of suspension
or revocation.

COMMENTS

(i) A licence holder must be given an opportunity of hearing before

revocation/suspension of his/her licence. If due to some unavoidable
reasons, revocation/ suspension of the arms licence is ordered, it is an
obligation on the part of the licencing authority [as u/s2 (f) ] to allow a
post-decisional hearing [Kailash Nath v. State of U.P.; AIR 1985 All. 291
(297, 300)].

(ii) However, if it becomes quite apparent to the licensing authority

that the possession of arms by the licencee is going to disturb or
endanger ‘public peace & safety’, it can straightway and without any
further enquiry, revok/suspend such licence. But if the danger is not
‘apparently immediate’ and the licensing authority proceed for further
enquiry into the full facts, then it can’t done unless & until, the
licensing authority is completely satisfied with its enquiry [Chhanga
Prasad Sahu v. State of U.P. & Ors ; AIR . 142 (149)].

(iii) One of the reasons inviting suspension/ revocation of the arms

licence can be like, getting proceeded against in a criminal/capital
offence [Kapildeo Singh v. State of Bihar.

(iv) The power & jurisdiction of the licensing authority to initiate

cancellation of licence’ proceedings, has been vested with the A.D.M.
[Lakhan Singh v. Commissioner, Jhansi Div; Jhansi & Ors; AIR 1984 All.
122 (123)].

(v) Before passing an order in writing, the licensing authority must duly
record the necessary reasons and if not against the’ public interest’,
shall disclose to the licence holder on demand, all such reasons [Anil
Kumar Bhunia etc., Petitioners v. UOI & Ors; Respondents; AIR 1982
NOC 198 (Cal.)].

(vi) Suspension/cancellation /revocation of the arms licence shall/can

not be retrospective. It should be perspective only [Anil Kumar Bhunia
etc., Petitioners v. UOI & Ors. Respondents., AIR 1982 NOC 198 (Cal).].

(vii) Any authority inferior and / or subordinate to such authority which

grants the arms licence can not suspend/cancel or revoke it, for if it
does so, it will be improper & invalid and against the tenets of law [Anil
Kumar Bhunia etc., Petitioner v. U.O.I. & Ors., Respondent; AIR 1982
NOC 198 (Cal).)

18. Appeals-(1) Any person aggrieved by an order of the licensing

authority refusing to grant a licence or varying the conditions of a
licence or by an order of the licensing authority is subordinate,
suspending or revoking a licence may prefer an appeal against that
order to such authority (hereinafter referred to as the appellate
authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made by, or under
the direction of the Government.

(1) No appeal shall be admitted if it is preferred after the expiry of the

period prescribed therefore:

Provided that an appeal may be admitted after the expiry of the period
prescribed therefore if the appellant satisfies the appellate authority
that he had sufficient cause for not preferring the appeal within that
period.

(3) The period prescribed for an appeal shall be computer in

accordance with the provision of the Indian Limitation Act, 1908 (9 of
1908), with respect to the computation of periods of limitation there
under .

(4) Every appeal under this section shall be made by a petition in

writing ahs shall be accompanied by a brief statement of the reasons
for the order appealed against where such statement has been
furnished to the appellant and by such fee as may be prescribed.

(5) In disposing of an appeal the appellate authority shall follow such

procedure as may be prescribed :

Provided that no appeal shall be disposed of unless the appellant has

been given a reasonable opportunity of being heard.

(6) The order appealed against shall, unless the appellate authority
conditionally or unconditionally directs otherwise, be in force pending
the disposal of the appeal against such order.

(7) Every order of the appellate authority confirming, modifying or

reversing the order appealed against shall be final.

COMMENTS

When an order for revocation or suspension of the arms licence is

‘issued’, the limitation period for filing an appeal well-in-time is "thirty
days from the date of ‘service’ of such an order" [Chhatrapal v. The
Collector, Fatephur & Anr; AIR 1989 All. 73f (75)].

POWERS AND PROCEDURE

Chapter IV

19. Power to demand production of licence, etc. - (1) Any police

officer or any other officer specially empowered in this behalf by the
Central Government may demand the production of his licence from
any person who is carrying any arms or ammunition.

(2) If the person upon whom a demand is made refuses for fails to
produce the licence or to show that he is entitled by virtue of this Act
or any other law for the time being in force to carry such arms or
ammunition without a licence, the officer concerned may require him
to give his name and address and if such officer considers it necessary,
seize from t hat person the arms or ammunition which he is carrying.

(3) If that person refuses to give his name and address or if the officer
concerned suspects that person of giving a false name or address or of
intending to abscond, such officer may arrest him without warrant.

20. Arrest of persons conveying arms, etc., under suspicious

circumstances - Where any person found carrying or conveying any
arms or ammunition whether covered by a licence or not, in such
manner or under such circumstances as to afford just grounds of
suspicion that the same are or is being carried by him with intent to
use them, or that the same may be used, for any unlawful purpose any
magistrate, any police officer or any other public officer or any other
public servant or any person employed or working, upon a railway,
aircraft, vessel, vehicle or any other means of conveyance, may arrest
him without warrant and seize from him such arms or ammunition.

21. Deposit of arms, etc., on possession ceasing to be lawful -

(1) Any person having in his possession any arms or ammunition the
possession whereof has, in consequence of the expiration of the
duration of a licence or of the suspension or revocation of a licence or
by the issue of a notification under section 4 or by any reason
whatever, ceased to be lawful, shall without unnecessary delay deposit
the same either with the officer in charge of the nearest police station
or subject to such conditions as may be prescribed, with a licensed
dealer or where such person is a member of the armed force of the
Union, in a unit armory.

Explanation –In this sub-section "unitarmoury" includes and armory in

a ship or establishment of the Indian Navy.

(2) Where arms or ammunition have or has been deposited under sub-
section (1) the depositor or in the case of his death, his legal
representative, shall, at any time before the expiry of such period as
may be prescribed, be entitled-

(a) to receive back anything so deposited on his becoming entitled by

virtue of this Act or any other law for the time being in force to have
the same in his possession, or

(b) to dispose, or authorise the disposal, of anything so deposited by

sale or otherwise to any person entitled by virtue of this Act or any
other law for the time being in force to have, or not prohibited by this
Act or such other law from having, the same in his possession and to
receive the proceeds of any such disposal :

Provided that nothing in this sub-section be deemed to authorise the

return or disposal of anything of which confiscation has been directed
under section 32.
(3) All things deposited and not received back or disposed of under
sub-section (2) within the period therein referred to shall be forfeited
to Government by order of the district magistrate :

Provided that in the case of suspension of a licence no such forfeiture

shall be ordered in respect of a thing covered by the licence during the
period of suspension.

(4) Before making an order sub-section (3) the district magistrate shall
by notice in writing to be served upon the depositor or in the case of
his death, upon his legal representative, in the prescribed manner,
require him to show cause within thirty days from the service of the
notice why the things specified in the notice should not be forfeited.

(5) After considering the cause, if any, shown by the depositor or as

the case may be, his legal representative, district magistrate shall pass
such order as he thinks fit.

(6) The Government may any time return to the depositor or his legal
representative things forfeited to it or the proceeds of disposal thereof
wholly or in part.

22. Search and seizure by magistrate - (1) Whenever any

magistrate has reason to believe -

(a) That any person residing within the local limits of his jurisdiction
has in his possession any arms or ammunition for any unlawful
purpose, or

(b) That such person cannot be left in the possession of any arms or
ammunition without danger to the public peace or safety, the
magistrate may, after having recorded the reasons for his belief, cause
a search to be made of the house or premises occupied by such arms
or ammunition are or is to be found and may have such arms or
ammunition, if any, seized and detain the same in sate custody for
such period as he thinks necessary, although that person may be
entitled by virtue of this Act or any other law for the time being in force
to have the same in his possession.

(2) Every search under this section shall be conducted by or in the

presence of a magistrate or by or in the presence of some officer
specially empowered in this behalf by the Central Government.

23. Search of vessels, vehicles for arms, etc.-Any magistrate, any

police officer or any other officer specially empowered in this behalf by
the Central Government, may for the purpose of ascertaining whether
any contravention of this Act or the rules made there under is being or
is likely to be committed, stop and search any vessel, vehicle or other
means of conveyance and seize any arms or ammunition that may be
found therein along with such vessel, vehicle or other means of
conveyance.

24. Seizure and detention under orders of the Central

Government-The Central Government may at any time order the
seizure of any arms or ammunition in the possession of any person,
notwithstanding that such person is entitled by virtue of this Act or any
other law for the time being in force to have the same in his
possession, any may detain the same for such period as it thinks
necessary for the public peace and safety.

24A. Prohibition as to possession of notified arms in disturbed

areas, etc.- [ Note: Ss. 24A and 24B Ins. by Act 25 of 1983, s. 7 (w.e.f
22-6-1983) ] (1) Where the Central Government is satisfied that there
is extensive disturbance of public peace and tranquility or imminent
danger of such disturbance in any area and that for the prevention of
offences involving the use or arms in such area, it is necessary or
expedient so to do, it may by notification in the Official Gazette-

(a) Specify the limits of such area;

(b) Direct that before the commencement for the period specified in
the notification (which period shall be a period commencing from a
date not earlier than the fourth day after the date of publication of the
notification in the Official Gazette), every person having in his
possession in such area any arms of such description as may be
specified in the notification (the arms so specified being hereafter in
this section referred to as notified arms), shall deposit the same before
such commencement in accordance with the provision of section 21
and for this purpose the possession by such person of any notified
arms, shall, notwithstanding anything contained in any other provision
of this Act (except section 41) or in any other law for the time being in
force, as from the date of publication such notification in the Official
Gazette be deemed to have ceased to be lawful;

(c) Declare that as from the commencement of, and until the expiry of,
the period specified in the notification, it shall not be lawful for any
person to have in his possession in such area any notified arms;

(d) Authorise any such office subordinate to the Central Government or

a State Government may be specified in the notification.-

(i) To search at any time during the period specified in the notification
any person in, or passing through, or any premises in, or any animal or
vessel or vehicle or other conveyance of whatever nature in or passing
through, or any receptacle or other container of whatever nature in or
passing through in, such area if such officer has been to believe that
any notified arms are secreted by such person or in such premises or
on such animal or in such vessel, vehicle or other conveyance or in
such receptacle or other container;

(ii) To seize at any time during the period specified in the notification
any notified arms in the possession of any person in such area or
discovered through a search under sub-clause (I), and detain the same
during the period specified in the notification.

(2) The period specified in a notification issued under sub-section (1) in

respect of any area shall not, in the first instance, exceed ninety days,
but in the Central Government may amend such notification to extend
such period from time to time by any period not exceeding ninety days
at any one time if, in the opinion of that Government, there continues
to be in such area such disturbance of public peace and tranquility as if
referred to in sub-section (1) or imminent danger thereof and that for
the prevention of offences involving the sue of arms in such area it is
necessary or expedient so to do.

(3) The provision of the Code of Criminal Procedure, 1973 (2 of 1974),

relating to searches and seizures shall, so far as may be, apply to any
search or seizure made under sub-section.-(1).

(4) For the purposes of this section,-

(a) "Arms" includes ammunition;

(b) Where the period specified in a notification, as originally issued

under sub-section (1), is extended under sub-section (2), then, in
relation to such notification, reference in sub-section (1) to "the period
of specified in the notification" shall be construed as references to the
period as so extended.

24B. Prohibition as to carrying of notified arms in or through

public places in disturbed areas, etc. - (1) Where the Central
Government is satisfied that there is extensive disturbance in any area
and that for the prevention of offences involving the sue of arms in
such area and that for the prevention of offences involving the use of
arms in such area it is necessary or expedient so to do -

It may, by notification in the Official Gazette,-

(a) Specify the limits of such area;

(b) Direct that during the period specified in the notification (which
period commencing from a date not earlier than the second day after
the date of publication of the notification in the Official Gazette), no
person shall carry or otherwise have in his possession any arms of such
description as may be specified in the notification (the arms so
specified being hereafter in this section referred to as notified arms)
through or in any public place in such area;

(c) Authorise any such officer subordinate to the Central Government

or a State Government as may be specified in the notification,-

(i) To search at any time during the period specified in the notification
any person in or passing through, or any premises in or forming part
of, of any animal or vessel or vehicle or other conveyance of whatever
nature, in or passing through, or any receptacle or other container of
whatever nature in, any public place in such area if such officer has
reason to believe that any notified arms are secreted by such person
or in such premises or on such animal or in such person or in such
premises or on such animal or in such vessel, vehicle or other
conveyance or in such receptacle or other container;

(ii) To seize at any time during the period specified in the notification
any notified arms being carried by or otherwise in the possession of
any person, through a search under such-clause (I), and detain the
same during the period specified in the notification.
(2) The period specified in a notification issued under sub-section (1) in
respect of any area shall not, in the first instance, exceed ninety days,
but the Central Government may amend such notification to extend
such period from time to time by any period not exceeding ninety days
at any one time if, in the opinion of that Government, there continues
to be in such area such disturbance of public peace and tranquility as
is referred to in sub-section (1) or imminent danger thereof and that
for the prevention of offences involving the use of arms in such area it
is necessary or expedient so to do.

(3) The provisions of the Code of Criminal Procedure, 1973, (2 of 1974),

relating to searches and seizures shall, so far as may be, apply to any
search or seizure made under sub-section (1).

(4) For the purposes of this section,-

(a) "Arms" includes ammunition;

(b) "Public place" means any place intended for use by, or accessible
to, the public or any section of the public ; and

(c) Where the period specified in a notification, as originally issued

under sub-section (1), is extended under sub-section (2), then, in
relation to such notification, reference in sub-section (I) to "the period
specified in the notification" shall be construed as reference to the
period as so extended.]

OFFENCES AND PENALTIES

Chapter V

25. Punishment for certain offences- [Note: Subs. by Act 25 of

1983, s. 8 (w.e.f. 22-6-1983) ] (1) Whoever -

(a) Manufactures sells, transfers, converts, repairs, tests or proves, or

exposes or offers for sale or transfer, or has in his possession for sale,
transfer, conversion, repair ,test or proof, any arms or ammunition in
contravention of section 5; or

(b) Shortens the barrel of a firearm or converts an imitation firearm

into a firearm in contravention of section 6; or

(c) [ Note: Omitted by Act 42 of 1988, s. 5 (w.e.f. 27-5-1988) ]

(d) Bring into, or takes out of India, any arms or ammunition of any
class or description in contravention of section 11,

shall be punishable with imprisonment for a term which shall not be

less than three years but which may extend to seven years and shall
also be liable to fine.

[ (1A) [ Note: Renumbered and Ins. by s. 5, ibid. (w.e.f. 27-5-1988)

Whoever acquires, has in his possession or carries any prohibited arms
or prohibited ammunition in contravention of section 7 shall be
punishable with imprisonment for a term which shall not be less than
five years, but which may extend to ten years and shall also be liable
to fine.

[(1AA) Whoever manufactures, sells, transfers, converts, repairs, tests

or proves, or exposes or offers for sale or transfer or has in his
possession for sale, transfer, conversion, repair, test or proof, any
prohibited arms or prohibited ammunition in contravention of section 7
shall be punishable with imprisonment for life and shall also be liable
to fine.]

[(1AAA)] [ Note: Renumbered and Ins. by s. 5, ibid. (w.e.f. 27-5-1988)

Whoever has in contravention of a notification issued under section
24A in his possession or in contravention of a notification issued under
section 24B carries or otherwise has in his possession, any arms or
ammunition shall be punishable with imprisonment for a term whish
shall not be less than [ [Note: Subs. by Act 39 of 1985, s. 2 for certain
words.] three years, but which may extend to seven years] shall also
be liable to fine.

(IB) Whoever-

(a) Acquires, has in his possession or carries any firearm or

ammunition in contravention of section3, or

(b) Shortens the barrel of a firearm or converts an imitation firearm in

any place specified by notification under section 4 any arms of such
class or description as has been specified in that notification in
contravention of that section ; or

(c) Sells or transfer any firearm which does not bear the name of the
maker stamped or otherwise shown thereon as required by sub-section
(2) of section 8 or does any act in contravention of sub-section (1) of
that section; or

(d) Being a person to whom sub-clause (ii) or sub-section (iii) of clause

(a) of sub-section (1) of section 9 applies, acquires, has in his
possession or carries any firearms or ammunition contravention of that
section;

(e) Sells or transfers, or converts, repairs, tests or proves any firearm

or ammunition in contravention of clause (b) of sub-section (1) of
section 9; or

(f) Brings into, or takes out of, India, any arms or ammunition in
contravention of section 10; or

(g) Transport any arms or ammunition in contravention of section 12;

or

(h) Fails to deposit arms or ammunition as required by sub-section (2)

of section 3, or sub-section (1) of section 21; or

(i) Being a manufacturer of, or dealer in, arms or ammunition, fails, on

being required to do so by rules made under section 44, to maintain a
record or account or to make therein all such entries as are required by
such rules or intentionally makes a false entry therein or prevents or
obstructs the inspection of such record or account or the making of
copies of entries therefrom or prevents or obstructs the entry into any
premises or other place where arms or ammunition are or is
manufactured or kept or intentionally fails to exhibit or conceals such
arms or ammunition or refuses to point out where the same are or is
manufactured or kept,

Shall be punishable with imprisonment for a term which shall not be

less than [ [Note: Subs. by Act 39 of 1985, s. 2 for "six months".] one
year] but which may extend to three years and shall also be liable to
fine:

Provided that Court may for any adequate and special reasons to be
recorded in the judgment impose a sentence of imprisonment for a
term of less than [one year]

(IC) [ Note : Ins. by s. 2, ibid.] Notwithstanding anything contained in

sub-section (1B), whoever commits an offence punishable under that
sub-section in any disturbed are shall be punishable with imprisonment
for a term which shall not be less than three years but which may
extend to seven years and shall also be liable to fine.

Explanation –For the purposes of this sub-section, :"disturbed area"

means any area declared to be a disturbed area under any enactment,
for the time being in force, making provision for the suppression of
disorder and restoration and maintenance of public order, and includes
any areas specified by notification under section 24A or section 24B.]

(2) Whoever being a person to whom sub-clause (I) of clause (a) of

sub-section (1) of section 9 applies, acquires, has in his possession or
carries any firearm or ammunition in contravention of that section shall
be punishable with imprisonment for term which may extend to one
year, or with fine or with both.

(3) [ Note: Subs. by Act 25 of 1983, s. 8 (w.e.f. 22-6-1983) ] Whoever

sells or transfers any firearm, ammunition or other arms -

(i) Without informing the district magistrate having jurisdiction or the

officer in charge of the nearest police station, of the intended sale or
transfer of the firearm, ammunition or other arms; or

(ii) Before the expiration of the period of forty five days from the date
of giving such information to such district magistrate or the officer in
charge of the police station.

In contravention of the provisions of clause (a) or clause (b) of the

proviso to sub-section (2) of section 5, shall be punishable with
imprisonment for a term which may extend to five hundred rupees, or
with both].

(4) Whoever fails to deliver-up a licence when so required by the

licensing authority under sub-section (1) of section 17 for the purpose
of varying the conditions specified in the licence or fails to surrender a
licence to the appropriate authority under sub-section (10) of that
section on its suspension or revocation shall be punishable with
imprisonment for a term which may extend to six months, or with fine
of an amount which may extend to five hundred rupees, or with both.

(5) Whoever, when required under section 19 to give his name and
address, rupees, refuses to give such name and address to gives a
name or address which subsequently transpires to be false shall be
punishable with imprisonment for a term which may extend to six
months, or with fine of an amount which may extend to two hundred
rupees, or with both.

Comments

(i) Cancellation of licence on the ground of temporary charge or

custody of the gun by another when the licencee had excused himself
from the scene for easing purposes, is illegal & bad in law, as this does
not amount to violation of any condition of the Act [Hardeo Narayan
Singh v. State of Bihar & Ors; AIR 1985 Pat. 3(5)].

(ii) Since the participation of the accused and the use of any arm or
weapon in the crime could not be proved ‘beyond reasonable doubt’,
he was acquitted of the charges of murder and his conviction u/s 25 of
the Arms Act, 1959, was also set aside [Bishan Singh & Ors v. State of
Punjab; AIR 1983 SC 748].

(iii) It is improper and held to be ‘unsafe’ to convict a person merely on

the ground (s) or basis of an ‘uncorroborated evidence’ as to the
alleged recovery of arms & ammunition at the instance of the
respondent [State of Punjab, Appellant v. Gurnam Singh, Respondent;
AIR 1984 SC 1799 (1)].

(iv) In a recent case, the appellant was convicted u/s 5 of TADA, 1987
read with Sec. 25 of the Arms Act, 1959, as a result of seizure of one
pistol of 9 mm bore along with 60 live cartridges from his custody.
However, there were certain lacunae like, the cartridges were not at all
sent for the mechanical ‘test’ apart from an unexplained delay of more
than two months in sending the pistol for the same test. There was
also some worth-noticing ‘incompatibility and contradiction’ between
the statements of different PW’s in regard to sending of pistol in a
sealed parcel, and also as to the side of the entrance to the place of
the recovery. Moreover, of all PW’s, not a single ‘independent’ witness
was present during the time of search & seizure of one pistol & 60 live
cartridges. All these lacunae and contradictions gave a picture of
‘made-out’ or ‘blown-out-of-proportion’ type of case. Hence, the
conviction & sentence of the appellant was set aside and the appeal
allowed [Kartar Singh, Appellant v. State of Punjab, Respondent ;AIR
1993 SC 341].

26. Secret contraventions- [ Note: Subs. by Act 25 of 1983, s.9

(w.e.f. 22-6-1983) ] (1) Whoever does any act in contravention of any
of the provisions of section 3,4,10 or 12 in such manner as to indicate
an intention that such act may not be known to any public servant or
to any person employed or working upon a railway, aircraft, vessel,
vehicle or any other means or conveyance, shall be punishable with
imprisonment for a term which shall not be less than six months but
which may extend to seven years and also with fine.
 (2) Whoever does any act in contravention of any of the provisions of
section 5,6,7 or 11 in such manner as to indicate an intention that such
act may not be known to any public servant or to any person employed
or working upon a railway, aircraft, vessel, vehicle or any other means
of conveyance, shall be punishable with imprisonment for a term which
shall not less than five years but which may extend to ten years and
also with fine.

(3 ) Whoever on any search being made under section 22 conceals or

attempts to conceal any arms or ammunition, shall be punishable with
imprisonment for a term which may extend to ten years and also with
fine.

27. Punishment for using arms, etc.- [ Note: Subs. by Act 42 of

1988, s. 6 (w.e.f. 27-5-1988) ] (1) Whoever uses any arms or
ammunition in contravention of section 5 shall be punishable with
imprisonment for a term which shall not be less than three years but
which may extend to seven years and shall also be liable to fine.

(2) Whoever uses any prohibited arms or prohibited ammunition in

contravention of section 7 shall be punishable with imprisonment for a
term which shall not be less than seven years but which may extend to
imprisonment for life and shall also be liable to fine.

(3) [Whoever uses any prohibited arms or prohibited ammunition or

does any act in contravention of section 7 and such use or act results
in the death of any other person, shall be punishable with death.]

Comments

When the lower Courts have been convinced ‘beyond reasonable

doubt’ by the PW’s statement that the deceased died because of being
fired upon by the accused, the conviction by such Courts is not bad in
law and the reliance on PW need not be proved again [Hare Krishna
Singh & Ors. v. State of Bihar; AIR 1988 SC 863].

28. punishment for use and possession of firearms of limitation

firearms in certain cases-Whoever makes or attempts to make any
use whatsoever or a firearm or an imitation firearm with intent to resist
or prevent the lawful arrest or detention of himself or any other person
shall be punishable with imprisonment for a term which may extend to
seven years [ [ Note: Subs. by Act 25 of 1983, s. 10 (w.e.f 22-6-1983). ]
and with fine].

Explanation-In this section the expression "imitation firearm" has the

same meaning as in section 6.

29. Punishment for knowingly purchasing arms, etc., from

unlicensed person or for delivering arms, etc., to person not
entitled to possess the same – Whoever -

(a) Purchase any firearms or any other arms of such class or

description as may be prescribed or any ammunition from any other
person knowing that such other person is not licensed or authorised
under section 5; or
(b) Delivers any arms or ammunition into the possession of another
person is entitled by virtue of this Act or any other law for the time
being in force to have, and is not prohibited by this Act or such other
law from having, in his possession the same, shall be punishable with
imprisonment for a term which may extend to[ [ Note: Subs. by s. 11,
ibid., (w.e.f. 22-6-1983) ] three years, or with fine, or with both].

30. Punishment for contravention of licence or rule - Whoever

contravenes any condition of a licence or any provision of this Act or
any rule made there under, for which no punishment is porvide4d
elsewhere in this Act shall be punishable with imprisonment for a term
which may extend to [ [ Note: Subs. by Act 25 of 1983, s. 12 (w.e.f. 22-
6-1983) ] six months], or with fine which may extend to [ [ Note: Subs.
by Act 25 of 1983, s. 12 (w.e.f. 22-6-1983) two thousand] rupees, or
with both.

31. Punishment for subsequent offences - Whoever having been

convicted of an offence under this Act is again convicted of an offence
under this Act shall be punishable with double the penalty provided for
the letter offence.

32. Power to confiscate - (1) When any person is convicted under

this Act of any offence committed by him in respect of any arms or
ammunition, it shall be in the discretion of the convicting Court further
to direct that the whole or any portion of such arms or ammunition,
and any vessel, vehicle or other means of conveyance and any
receptacle shall be confiscated:

Provided that if the conviction is set aside on appeal or otherwise, the

order of confiscation shall become void.

(2) An order of confiscation may also be made by the appellate Court

or by the High Court when exercising its powers of revision.

33. Offence by companies - (1) Whenever an offence under this Act

has been committed by a company, every person who at the time the
offence was committed was in charge of, or was responsible to the
company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any

such person liable to any punishment under this Act if he proves that
the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of such office.

(2) Notwithstanding anything contained in sub-section (1) where an

offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer or the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
Explanation - For the purposes of this section -

(a) "Company" means any body corporate, and includes a firm or other
association or individuals; and

(b) "Director", in relation to a firm, means a partner in the firm.

MISCELLANEOUS
Chapter VI

34. Sanction of the Central Government for Warehousing of

Arms - Notwithstanding anything contained in the [ [ Note: Subs. by
Act 25 of 1983, s. 13 (w.e.f. 22-6-1983) ] Customs Act, 1962, (52 of
1962)] no arms or ammunition shall be deposited in any warehouse
licensed under [[ Note: Subs. by Act 25 of 1983, s. 13 (w.e.f. 22-6-
1983) ] section 58] of that Act without the sanction of the Central
Government.

35. Criminal responsibility of person in occupation of premises

in certain cases - Where any arms or ammunition in respect of which
any offences under this Act has been or is being committed are or is
found in any premises, vehicle or other place in the joint occupation or
under the joint control of several persons, each of such persons in
respect of whom there is reason to believe that he was aware of the
existence of the arms or ammunition in the premises, vehicle or other
place shall, unless the contrary is proved, be liable for that offence in
the same manner as if it has been or is being committed by him alone.

36. Information to be given regarding certain offences - (1)

Every person aware of the commission of any offence under this Act
shall, in the absence of reasonable excuse the burden of proving which
shall lie upon such person, give information of the same to the officer
in charge of the nearest police station or the magistrate having
jurisdiction.

(2) Every person employed or working upon any railway, aircraft,

vessel, vehicle or other means of conveyance shall, in the absence of
reasonable excuse the burden of proving which shall, in the absence of
reasonable excuse the burden of proving which shall lie upon such
person, give information to the officer in charge of the nearest police
station regarding any box, package or bale in transit which he may
have reason to suspect contains arms or ammunition in respect of
which an offence under this Act has been or is being committed.

37. Arrest and searches- Save as otherwise provided in this Act,-

(a) All arrests and searches made under this act or under any rules
made there under shall be carried out in accordance with the
provisions of the [ [Note: Subs. by Act 25 of 1983, s. 14, (w.e.f. 22-6-
1983) ] Code of Criminal Procedure, 1973 (2 of 1974)], relating
respectively to arrests and searches made under that Code;

(b) Any person arrested and any arms or ammunition seized under this
Act by a person not being a magistrate or a police officer shall be
delivered without delay to the officer in charge of the nearest police
station and that officer shall-

(i) Either release that person on his executing a bond with or without
sureties to appear before a magistrate and keep the things seized in
the custody till the appearance of that person before the magistrate, or

(ii) Should that person fail to execute the bond and to furnish, if so
required, sufficient sureties, produce that person and those things
without delay before the magistrate.

38. Offences to be cognizable - Every offence under this Act shall

be cognizable within the meaning of the [ [ Note: Subs. by Act 25 of
1983, s. 14 (w.e.f. 22-6-1983) ] Code of Criminal Procedure, 1973 (2 of
1974)].

39. Previous sanction of the district magistrate necessary in

certain case - No prosecution shall be instituted against any person in
respect of any offence under section 3 without the previous sanction of
the district magistrate.

40. Protection of action taken in good faith - No suit, prosecution

or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done under this Act.

41. Power to exempt - Where the Central Government is of the

opinion that it is necessary or expedient in the public interest so to do,
it may, by notification in he Official Gazette and subject to such
conditions, if any, as it any specify in the notification,-

(a) [ Note: Subs. by Act 25 of 1983, s. 13 (w.e.f. 22-6-1983) ] [exempt

any person or class of person (either generally or in relation to such
description of arms and ammunition as may be specified in the
notification)], or exclude any description of arms or ammunition, or
withdraw any part of India, from the operation of all or any or the
provisions of this Act; and

(b) As often as may be, cancel any such notification and again the
subject, by a like notification, the person or class or persons or the
description of arms and ammunition or the part of India to the
operation of such provisions.

42. Power to take census of fire-arms - (1) The Central

Government may, by notification in the Official Gazette, direct a
census to be taken of all firearms in any area and empower any officer
of Government to take such census.

(2) On the issue of any such notification all persons having in their
possession any firearms in that area shall furnish to the officer
concerned such information as he may require in relation thereto and
shall produce before him such firearms if he so requires.

43. Power to delegate – (1) The Central Government may, by

notification in the Official Gazette, direct that any power or function
which may be exercised or performed by it under this Act other than
the power under Section 41 or the power under section 44 may, in
relation to such matters and subject to such conditions, if any, as it
may specify in the notification, be exercised or performed also by –

(a) Such officer or authority subordinate to the Central Government, or

(b) Such State Government or such officer or authority subordinate to

the State Government as may be specified in the notification.

(2) Any rules made by the Central Government under this Act may
confer powers or impose duties or authorise the conferring of powers
or imposition of duties upon any State Government or any officer or
authority subordinate thereto.

44. Power to make rules – (1) The Central government may, by

notification in the Official Gazette, make rules for carrying out the
purposes of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following
matters, namely :-

(a) The appointment, jurisdiction, control and functions of licensing

authorities [ [ Note: Ins. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983) ]
including the areas and the categories of arms and ammunition for
which they may grant licences] ;

(b) The form and particulars of application for the grant or renewal of a
licence and where the application is for the renewal of a licence, the
time within which it shall be made ;

(c) The form in which and the conditions subject to which any licence
may be granted or refused, renewed, varied, suspended or revoked ;

(d) Where no period has been specified in this Act, the period for which
any licence shall continue to be in force ;

(e) The fees payable in respect of any application for the grant or
renewal of a licence and in respect of any licence granted or renewed
and the manner of paying the same ;

(f) The manner in which the maker’s name, the manufacturer’s number
or other identification mark of a firearm shall be stamped or otherwise
shown thereon ;

(g) The procedure for the test or proof of any firearms ;

(h) The firearms that may be used in the course of training, the age
limits of persons who may use them and the conditions for their use by
such persons ;

(i) The authority to whom appeals may be preferred under section 18,
the procedure to be followed by such authority and the period within
which appeals shall be preferred, the fees to be paid in respect of such
appeals and the refund of such fees ;
(j) The maintenance of records or accounts of anything done under a
licence other than a licence under section 3 or section 4, the form of,
and the entries ot be made in, such records or accounts and the
exhibition of such records or accounts to any police officer or to any
officer of Government empowered in this behalf ;

(k) The entry and inspection by any police officer or by any officer of
Government empowered in this behalf of any premises or other place
in which arms or ammunition are or is manufactured or in which arms
or ammunition are or is kept by a manufacturer of or dealer in such
arms or ammunition and the exhibition of the same to such officer ;

(l) The conditions subject to which arms or ammunition may be

deposited with a licensed dealer or in a unit armory as required by sub-
section (1) of section 21 and the period on the expiry of which the
things so deposited may be forfeited.

(m) Any other matter is to be, or may be, prescribed.

(3) Every rule made under this section shall be laid as soon as may be
after it is made before each house of Parliament while it is in session
for a total period of thirty days which may be comprised in one session
or in [ [ Note: Subs. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983) ] two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid]
; both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as
the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.

45. Act not to apply in certain cases – Nothing in this Act shall
apply to –

(a) Arms or ammunition on board any sea-going vessel or any aircraft

and forming part of the ordinary armament or equipment of such
vessel or aircraft ;

(b) The acquisition, possession or carrying, the manufacture, repair,

conversion, test or proof, the sale or transfer or the import, export or
transport of arms or ammunition –

(i) By or under orders of the Central Government, or

(ii) By a public servant in the course of his duty as such public servant,
or

(iii) By a member of the National Cadet Corps raised and maintained

under the National Cadet Corps Act, 1948 (31 of 1948), or by any
officer, enrolled person of the Territorial Army raised and maintained
under the Territorial Army Act, 1948 (56 of 1948) or by any member of
any other forces raised and maintained or that may hereafter be raised
and maintained under any Central Act, or by any member of such other
forces as the Central Government may, by notification in the Official
Gazette, specify, in the course of his duty as such member, officer or
enrolled persons.

(c) Any weapon of an obsolete pattern or of antiquarian value or in

disrepair which is not capable of being used as a firearm either with or
without repair ;

(d) The acquisition, possession or carrying by a person of minor parts

of arms or ammunition which are not intended to be used along with
complementary parts acquired or possessed by that or any other
person.

46. Repeal of Act 11 of 1878 – (1) The Indian Arms Act, 1878 is
hereby repealed.

(2) Notwithstanding the repeal of the Indian Arms Act, 1878 (11 of
1878), and without prejudice to the provisions of sections 6 and 24 of
the General Clauses Act, 1897 (10 of 1897), every licence granted or
renewed under the first mentioned Act and in force immediately before
the commencement of this Act shall, unless sooner revoked, continue
in force after such commencement for the unexpired portion of the
period for which it has been granted or renewed.