Arms Act, 1959

(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: 1st 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.

(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 defense, 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 defense, 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 licenses 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.

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 license issued in accordance with the provisions of this Act and the rules made thereunder : Provided that a person may, without himself holding a license carry any firearms or ammunition in the presence, or under the written authority, of the holder of the license for repair or for renewal of the license 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 recognized 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 license’ proceedings, has been vested with the A.D.M. ( Lakhan Singh v. Commissioner, Jhansi Div., Jhansi & Ors.; AIR 1984 All. 122 (123)]

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 license issued in accordance with the provisions of this Act and the rules made thereunder . 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.

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 license issued in accordance with the provisions of this Act and the rules made thereunder . [ 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 license 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 license is required under section 3 and no arms in respect of which a license 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 gangsterism 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.

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 license issued in accordance with the provisions of this Act and the rules made thereunder . 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.

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 authorized by the Central Government in this behalf.

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.

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.

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 license issued in accordance with the provisions of this Act and the rules made thereunder : 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 license 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 license 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 iun 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.

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.

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 license issued a accordance with provisions of this Act, and rules made thereunder ; 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.

(1) An application for the grant of a license 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 license 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 license under section 3 where the license 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 license 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 recognized by the Central Government ; (b) a license under section 3 in any other case or license under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the license 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 license, 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 license 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 license 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 realize that they can not prolong or linger-on the disposal hof such application (s) at their own sweet will [ Ganesh Chandra Bhatt v. Distt . Magistrate, Almora &Ors. AIR 1993 ALL. 291].

1. Notwithstanding anything in section 13, licensing authority shall refuse to grant- (a) a license under section 3, section 4, or section 5 where such license is required in respect of any prohibited arms or prohibited ammunition: (b) A license in any other case under Chapter II,- ( i ) where such license 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 license 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 license. 2. The licensing authority shall not refuse to grant any license 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 license 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.

(1) A license 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 license may be granted for a shorter period if the person by whom the license is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the license should be granted for a shorter period. (2) A license 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 license 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 license 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 license as they apply to the grant thereof.

The fees on payment of which, the condition subject to which and the form in which a license 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 licenses: Provided further that a license may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.

licenses- (1) The licensing authority may very the conditions subject to which a license has been granted except such of them as have been prescribed and may for that purpose require the license holder by notice in writing to deliver-up the license 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 license, also vary the conditions of the license except such of them as have been prescribed. (3) The licensing authority may by order in writing suspend a license for such periods it thinks fit or revoke a license - (a) if the licensing authority is satisfied that the holder of the license 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 license 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 license; or (c) if the license was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the license or any other person on his behalf at the time of applying for it; or (d) if any of the conditions of the license has been contravened; or (e) if the holder of the license has failed to comply with a notice under sub-section (1) requiring him to deliver-up the license. (4) The licensing authority may also revoke a license on the application of the holder thereof. (5) Where the licensing authority makes an order varying a license under sub-section (1) or an order suspending or revoking a license under sub-section (3), it shall record in writing the reasons therefor and furnish tot he holder of the license 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 license 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 license by such authority. (7) A court conviction the holder of a license of any offence under this Act or the rules made thereunder may also suspend or revoke the license : 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 licenses granted under this Act throughout India or any part thereof. (10) On the suspension or revocation of a license under this section the holder thereof shall without delay surrender the license 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.

(1) Any person aggrieved by an order of the licensing authority refusing to grant a license or varying the conditions of a license or by an order of the licensing authority is subordinate, suspending or revoking a license 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 therefor : 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 thereunder . (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.

(1) Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the production of his license from any person who is carrying any arms or ammunition. (2) If the person upon whom a demand is made refuses or fails to produce the license 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 license, 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.

under suspicious circumstances-Where any person found carrying or conveying any arms or ammunition whether covered by a license 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.

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 license or of the suspension or revocation of a license 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 incharge 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 armoury . Explanation - In this sub-section " unitarmoury " includes and armoury 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 authorize 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 authorize 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 license no such forfeiture shall be ordered in respect of a thing covered by the license 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.

(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.

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 thereunder 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.

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.

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 there from 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 license when so required by the licensing authority under sub-section (1) of section 17 for the purpose of varying the conditions specified in the license or fails to surrender a license 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.

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.

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].

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.

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].

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.

- 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.

(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.

- (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.

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.

- 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.

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.

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.

- 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)].

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

- 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.

- 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.

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.

(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.

- (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.

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.

(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.