tag:blogger.com,1999:blog-84486867299248108892024-03-08T13:16:49.930-08:00THE ARMS ACT, 1959Naresh Kadyanhttp://www.blogger.com/profile/08419516306288297445noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8448686729924810889.post-72021590805045822982008-03-21T22:04:00.000-07:002008-03-21T22:27:55.295-07:00<a href="http://www.mha.nic.in/acts-rules/arms%20act-1959.pdf">http://www.mha.nic.in/acts-rules/arms%20act-1959.pdf</a><br />THE ARMS ACT, 1959<br />ACT NO. 54 OF 1959<br />[23rd December, 1959.]<br />An Act to consolidate and amend the law relating to arms and<br />ammunition.<br />CHAP<br />PRELIMINARY<br />CHAPTER I<br />PRELIMINARY<br />1.<br />Short title, extent and commencement.<br />1. Short title, extent and commencement.- (1) This Act may be<br />called the Arms Act, 1959.<br />(2) It extends to the whole of India.<br />(3) It shall come into force on such date 1* as the Central<br />Government may, by notification in the Official Gezette, appoint.<br />2.<br />Definition and interpretation.<br />2. Definition and interpretation.- (1) In this Act, unless the<br />context otherwise requires,--<br />(a) "acquisition", with its grammatical variations and<br />cognate expressions, includes hiring, borrowing, or<br />accepting as a gift;<br />(b) "ammunition" means ammunition for any firearm, and<br />includes--<br />(i) rockets, bombs, grenades, shells [and<br />other missiles] 2*<br />(ii) articles, designed for torpedo service<br />and submarine mining,<br />(iii) other articles containing, or designed<br />or adapted to contain, explosive, fulminating or<br />fissionable material or noxious liquid, gas or<br />other such thing, whether capable of use with<br />firearms or not,<br />---------------------------------------------------------------------<br />1. 1st October, 1962, vide Notification No. G.S.R. 992, dated 13-7-<br />1962, see Gazette of India, Pt. II, Sec. 3(i), p. 1092.<br />This Act has been extended to--<br />Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3<br />and Sch.; and comes into force in Pondicherry vide Reg. 7 of<br />1963, s.<br />3 and Sch. I (w.e.f. 1-10-1963);<br />and brought into force in Dadra and Nagar Haveli by Reg. 6 of<br />1963, s. 2 and Sch. I (w.e.f. 1-7-1965);<br />Sikim vide Notification No. G.S.R. 461 (E), dated 21-7-1976<br />(w.e.f. 1-8-1976).<br />2. Subs. by Act 42 of 1988, s. 2, for " and other like missiles"<br />(w.e.f. 27-5-1988).<br />34<br />(iv) charges for firearms and accessories for<br />such charges,<br />(v) fuses and friction tubes,<br />(vi) parts of, and machinery for<br />manufacturing ammunition, and<br />(vii) such ingredients of ammunition as the<br />Central Government may, by notification in the<br />Official Gazette, specify in this behalf;<br />(c) "arms" means articles of any description designed or<br />adapted as weapons for offence or defence, and includes<br />firearms, sharpedged and other deadly weapons, and<br />parts of, and machinery for manufacturing, arms, but<br />does not include articles designed solely for domestic<br />or agricultural uses such as a lathi or an ordinary<br />walking stick and weapons incapable of being used<br />otherwise than as toys or of being converted into<br />serviceable weapons;<br />1*[(d) "district magistrate", in relation to any area for<br />which a Commissioner of Police has been appointed,<br />means the Commissioner of Police thereof and includes<br />any such Deputy Commissioner of Police, exercising<br />jurisdiction over the whole or any part of such area,<br />as may be specified by the State Government in this<br />behalf in relation to such area or part;]<br />(e) "firearms" means arms of any description designed or<br />adapted to discharge a projectile or projectiles of any<br />kind by the action of any explosive or other forms of<br />energy, and includes--<br />(i) artillery, hand-grenades, riot-pistols or<br />weapons of any kind designed or adapted for the<br />discharge of any noxious liquid, gas or other such<br />thing,<br />(ii) accessories for any such firearm<br />designed or adapted to diminish the noise or flash<br />caused by the firing thereof,<br />(iii) parts of, and machinery for<br />manufacturing, firearms, and<br />(iv) carriages, platforms and appliances for<br />mounting, transporting and serving artillery.<br />---------------------------------------------------------------------<br />1. Subs. by Act 55 of 1971, s. 2, for the former cl. (d) (w.e.f. 13-<br />12-1971).<br />34A<br />(f) "licensing authority" means an officer or authority<br />empowered to grant or renew licences under rules made<br />under this Act, and includes the Government;<br />1*[(ff) "magistrate" means an Executive Magistrate under the<br />Code of Criminal Procedure, 1973 (2 of 1974);]<br />(g) "prescribed" means prescribed by rules made under this<br />Act,<br />(h) "prohibited ammunition" means any ammunition containing<br />or designed or adapted to contain, any noxious liquid,<br />gas or other such thing, and includes rockets, bombs,<br />grenades, shells, 2*[missiles] articles designed for<br />torpedo service and submarine mining and such other<br />articles as the Central Government may, by notification<br />in the Official Gazette, specify to be prohibited<br />ammunition;<br />(i) "prohibited arms" means--<br />(i) firearms so designed or adapted that, if<br />pressure is applied to the trigger, missiles<br />continue to be dis-<br />---------------------------------------------------------------------<br />1. Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983).<br />2. Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988).<br />35<br />charged until pressure is removed from the trigger<br />or the magazine containing the missiles is empty,<br />or<br />(ii) weapons of any description designed or<br />adapted for the discharge of any noxious liquid,<br />gas or other such thing,<br />and includes artillery, anti-aircraft and anti-tank firearms and such<br />other arms as the Central Government may, by notification in the<br />Official Gazette, specify to be prohibited arms;<br />(j) "public servant" has the same meaning as in section 21<br />of the Indian Penal Code; (45 of 1860.)<br />(k) "transfer", with its grammatical variations and cognate<br />expressions, includes letting on hire, lending, giving<br />and parting with possession.<br />(2) For the purposes of this Act, the length of the barrel of a<br />firearm shall be measured from the muzzle to the point at which the<br />charge is exploded on firing.<br />(3) Any reference in this Act to any law which is not in force in<br />any area shall, in relation to that area, be construed as a reference<br />to the corresponding law, if any, in force in that area.<br />(4) Any reference in this Act to any officer or authority shall,<br />in relation to any area in which there is no officer or authority with<br />the same designation, be construed as a reference to such officer or<br />authority as may be specified by the Central Government by<br />notification in the Official Gazette.<br />CHAP<br />ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT<br />ANDTRANSPORT<br />OF ARMS AND AMMUNITION<br />CHAPTER II<br />ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND<br />TRANSPORT OF ARMS AND AMMUNITION<br />3.<br />Licence for acquisition and possession of fire-arms and ammunition.<br />3. Licence for acquisition and possession of fire-arms and<br />ammunition.-1*[(1) No person shall acquire, have in his possession, or<br />carry any firearm or ammunition unless he holds in this behalf a<br />licence issued in accordance with the provisions of this Act and the<br />rules made thereunder:<br />Provided that a person may, without himself holding a licence,<br />carry any firearm or ammunition in the presence, or under the written<br />authority, of the holder of the licence for repair or for renewal of<br />the licence or for use by such holder.<br />2*[(2) Notwithstanding anything contained in sub-section (1), no<br />person, other than a person referred to in sub-section (3), shall<br />acquire, have in his possession or carry, at any time, more than three<br />firearms:<br />Provided that a person who has in his possession more firearms<br />than three at the commencement of the Arms (Amendment) Act, 1983, may<br />retain with him any three of such firearms and shall deposit, within<br />ninety days from such commencement, the remaining firearms with the<br />officer in charge of the nearest police station or, subject to the<br />conditions prescribed for the purposes of sub-section (1) of section<br />21, with a licensed dealer or, where such person is a member of the<br />armed forces of the Union, in a unit armoury referred to in that subsection.<br />(3) Nothing contained in sub-section (2) shall apply to any<br />dealer in firearms or to any member of a rifle club or rifle<br />association licensed or recognised by the Central Government using a<br />point 22 bore rifle or an air rifle for target practice.<br />(4) The provisions of sub-sections (2) to (6) (both inclusive) of<br />section 21 shall apply in relation to any deposit of firearms under<br />the proviso to sub-section (2) as they apply in relation to the<br />deposit of any arm or ammunition under sub-section (1) of that<br />section."]<br />---------------------------------------------------------------------<br />1. S. 3 renumbered as sub-section (1) by Act 25 of 1983, s. 3<br />(w.e.f.<br />22-6-83).<br />2. Ins. by s. 3, ibid. (w.e.f. 22-6-1983).<br />36<br />4.<br />Licence for acquisition and possession of arms of<br />specifieddescription in certain cases.<br />4. Licence for acquisition and possession of arms of specified<br />description in certain cases.- If the Central Government is of opinion<br />that having regard to the circumstances prevailing in any area it is<br />necessary or expedient in the public interest that the acquisition,<br />possession or carrying of arms other than firearms should also be<br />regulated, it may, by notification in the Official Gazette, direct<br />that this section shall apply to the area specified in the<br />notification, and thereupon no person shall acquire, have in his<br />possession or carry in that area arms of such class or description as<br />may be specified in that notification unless he holds in this behalf a<br />licence issued in accordance with the provisions of this Act and the<br />rules made thereunder.<br />5.<br />Licence for manufacture, sale, etc., of arms and ammunition.<br />5. Licence for manufacture, sale, etc., of arms and ammunition.<br />1*[(1)] No person shall--<br />(a) 2*[use, manufacture] sell, transfer, convert, repair,<br />test or prove, or<br />(b) expose or offer for sale or transfer or have in his<br />possession for sale, transfer, conversion, repair, test<br />or proof,<br />any firearm or any other arms of such class or description as may be<br />prescribed or any ammunition, unless he holds in this behalf a licence<br />issued in accordance with the provisions of this Act and the rules<br />made thereunder:<br />3* * * * *<br />4*[(2) Notwithstanding anything contained in sub-section (1) a<br />person may, without holding a licence in this behalf, sell or transfer<br />any arms or ammunition which he lawfully possesses for his own private<br />use to another person who is entitled by virtue of this Act or any<br />other law for the time being in force to have, or is not prohibited by<br />this Act or such other law from having in his possession such arms or<br />ammunition:<br />Provided that no firearm or ammunition in respect of which a<br />licence is required under section 3 and no arms in respect of which a<br />licence is required under section 4 shall be so sold or transferred by<br />any person unless--<br />(a) he has informed in writing the district magistrate<br />having jurisdiction or the officer in charge of the nearest<br />police station of his intention to sell or transfer such<br />firearms, ammunition or other arms and the name and address of<br />the person to whom he intends to sell or transfer such firearms,<br />ammunition or the other arms, and<br />(b) a period of not less than forty-five days has expired<br />after the giving of such information.]<br />6.<br />Licence for the shortening of guns or conversion of imitation<br />firearmsinto<br />firearms.<br />6. Licence for the shortening of guns or conversion of imitation<br />firearms into firearms.- No person shall shorten the barrel of a<br />firearm or convert an imitation firearm into a firearm unless he holds<br />in this behalf a licence issued in accordance with the provisions of<br />this Act and the rules made thereunder.<br />---------------------------------------------------------------------<br />1. S. 5 renumbered as sub-section (1) by Act 25 of 1983, s. 4<br />(w.e.f.<br />22-6-1983).<br />2. Subs. by Act 42 of 1988, s. 3, for "manufaacture" (w.e.f.<br />27-5-1988).<br />3. The proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-83).<br />4. Ins. by s.4, ibid. (w.e.f. 22-6-1983).<br />37<br />Explanation.--In this section, the expression "imitation firearm"<br />means anything which has the appearance of being a firearm, whether it<br />is capable of discharging any shot, bullet or other missile or not.<br />7.<br />Prohibition of acquisition or possession, or of manufacture or sale,of<br />prohibited arms or prohibited ammunition.<br />7. Prohibition of acquisition or possession, or of manufacture or<br />sale, of prohibited arms or prohibited ammunition. No person shall--<br />(a) acquire, have in his possession or carry; or<br />(b) 2*[use, manufacture] sell, transfer, convert, repair,<br />test or prove; or<br />(c) expose or offer for sale or transfer or have in his<br />possession for sale, transfer, conversion, repair, test<br />or proof;<br />any prohibited arms or prohibited ammunition unless he has been<br />specially authorised by the Central Government in this behalf.<br />8.<br />Prohibition of sale or transfer of firearms not bearing<br />identificationmarks.<br />8. Prohibition of sale or transfer of firearms not bearing<br />identification marks.-(1) No person shall obliterate, remove, alter or<br />forge any name, number or other identification mark stamped or<br />otherwise shown on a firearm.<br />(2) No person shall sell or transfer any firearm which does not<br />bear the name of the maker, manufacturer's number or other<br />identification mark stamped or otherwise shown thereon in a manner<br />approved by the Central Government.<br />(3) Whenever any person has in his possession any firearm without<br />such name, number or other identification mark or on which such name,<br />number or other identification mark has been obliterated, removed,<br />altered or forged, it shall be presumed unless the contrary is proved,<br />that he has obliterated, removed, altered or forged that name, number<br />or other identification mark:<br />Provided that in relation to a person who has in his possession<br />at the commencement of this Act any firearm without such name, number<br />or other identification mark stamped or otherwise shown thereon, the<br />provisions of this sub-section shall not take effect until after the<br />expiration of one year from such commencement.<br />9.<br />Prohibition of acquisition or possession by, or of sale or transferto,<br />young<br />persons and certain other persons of firearms, etc.<br />9. Prohibition of acquisition or possession by, or of sale or<br />transfer to, young persons and certain other persons of firearms,<br />etc.-<br />(1) Notwithstanding anything in the foregoing provisions of this Act,-<br />-<br />(a) no person,--<br />(i) who has not completed the age of 2*[twenty-one<br />years], or<br />---------------------------------------------------------------------<br />1. Subs. by Act 42 of 1988, s. 4, for "maanufacture" (w.e.f.<br />27-5-1988).<br />2. Subs. by Act 25 of 1983, s. 5, for "seventeen yeay" (w.e.f.<br />22-6-1983).<br />38<br />(ii) who has been sentenced on conviction of any<br />offence involving violence or moral turpitude to<br />imprisonment for 1*[any term], at any time during<br />a period of five years after the expiration of the<br />sentence, or<br />(iii) who has been ordered to execute under Chapter<br />VIII of the 1*[Code of Criminal Procedure, 1973<br />(2 of 1974),] a bond for keeping the peace or for<br />good behaviour, at any time during the term of<br />the bond,<br />shall acquire, have in his possession or carry any firearm or<br />ammunition;<br />(b) no person shall sell or transfer any firearm or<br />ammunition to, or convert, repair, test or prove any<br />firearm or ammunition for, any other person whom he<br />knows, or has reason to believe--<br />(i) to be prohibited under clause (a) from acquiring,<br />having in his possession or carrying any firearm<br />or ammunition, or<br />(ii) to be of unsound mind at the time of such sale or<br />transfer, or such conversion, repair, test or<br />proof.<br />(2) Notwithstanding anything in sub-clause (i) of clause (a) of<br />sub-section (1), a person who has attained the prescribed age-limit<br />may use under prescribed conditions such firearms as may be prescribed<br />in the course of his training in the use of such firearms:<br />Provided that different age-limits may be prescribed in relation<br />to different types of firearms.<br />10.<br />Licence for import and export of arms, etc.<br />10. Licence for import and export of arms, etc.-(1) No person<br />shall bring into, or take out of, India by sea, land or air any arms<br />or ammunition unless he holds in this behalf a licence issued in<br />accordance with the provisions of this Act and the rules made<br />thereunder:<br />Provided that--<br />(a) a person who is entitled by virtue of this Act or any<br />other law for the time being in force to have, or is<br />not prohibited by this Act or such other law from<br />having, in his possession any arms or ammunition, may<br />without a licence in this behalf bring into, or take<br />out of, India<br />---------------------------------------------------------------------<br />1. Subs. by Act 25 of 1983, s. 5, for certain words (w.e.f.<br />22-6-1983).<br />39<br />such arms or ammunition in reasonable quantities for<br />his own private use;<br />(b) a person being a bona fide tourist belonging to any such<br />country as the Central Government may, by notification<br />in the Official Gazette, specify, who is not prohibited<br />by the laws of that country from having in his<br />possession any arms or ammunition, may, without a<br />licence under this section but in accordance with such<br />conditions as may be prescribed, bring with him into<br />India arms and ammunition in reasonable quantities for<br />use by him for purposes only of sport and for no other<br />purpose;<br />Explanation.--For purposes of clause (b) of this<br />proviso, the word "tourist" means a person who not being a<br />citizen of India visits India for a period not exceeding six<br />months with no other object than recreation, sight-seeing,<br />or participation in a representative capacity in meetings<br />convened by the Central Government or in international<br />conferences, associations or other bodies.<br />(2) Notwithstanding anything contained in the proviso to subsection<br />(1), where the collector of customs or any other officer<br />empowered by the Central Government in this behalf has any doubt as to<br />the applicability of clause (a) or clause (b) of that proviso to any<br />person who claims that such clause is applicable to him, or as to the<br />reasonableness of the quantities of arms or ammunition in the<br />possession of any person referred to in such clause, or as to the use<br />to which such arms or ammunition may be put by such person, may detain<br />the arms or ammunition in the possession of such person until he<br />receives the orders of the Central Government in relation thereto.<br />(3) Arms and ammunition taken from one part of India to another<br />by sea or air or across any intervening territory not forming part of<br />India, are taken out of, and brought into, India within the meaning of<br />this section.<br />11.<br />Power to prohibit import or export of arms, etc.<br />11. Power to prohibit import or export of arms, etc.- The Central<br />Government may, by notification in the Official Gazette, prohibit the<br />bringing into, or the taking out of, India, arms or ammunition of such<br />classes and descriptions as may be specified in the notification.<br />40<br />12.<br />Power to restrict or prohibit transport of arms.<br />12. Power to restrict or prohibit transport of arms.- (1) The<br />Central Government may, by notification in the Official Gazette,--<br />(a) direct that no person shall transport over India or any<br />part thereof arms or ammunition of such classes and<br />descriptions as may be specified in the notification<br />unless he holds in this behalf a licence issued in<br />accordance with the provisions of this Act and the<br />rules made there-under; or<br />(b) prohibit such transport altogether.<br />(2) Arms or ammunition trans-shipped at a seaport or an airport<br />in India are transported within the meaning of this section.<br />CHAP<br />PROVISIONS RELATING TO LICENCES<br />CHAPTER III<br />PROVISIONS RELATING TO LICENCES<br />13.<br />Grant of licences.<br />13. Grant of licences.- (1) An application for the grant of a<br />licence under Chapter II shall be made to the licensing authority and<br />shall be in such form, contain such particulars and be accompanied by<br />such fee, if any, as may be prescribed.<br />1*[(2) On receipt of an application, the licensing authority<br />shall call for the report of the officer in charge of the nearest<br />police station on that application, and such officer shall send his<br />report within the prescribed time.<br />(2A) The licensing authority, after such inquiry, if any, as it<br />may consider necessary, and after considering the report received<br />under sub-section (2), shall, subject to the other provisions of this<br />Chapter, by order in writing either grant the licence or refuse to<br />grant the same:<br />Provided that where the officer in charge of the nearest police<br />station does not send his report on the application within the<br />prescribed time, the licensing authority may, if it deems fit, make<br />such order, after the expiry of the prescribed time, without further<br />waiting for that report.]<br />(3) The licensing authority shall grant--<br />(a) a licence under section 3 where the licence is required-<br />-<br />(i) by a citizen of India in respect of a<br />smooth bore gun having a barrel of not less than<br />twenty inches in length to be used for protection<br />or sport or in respect of a muzzle loading gun to<br />be used for bona fide crop protection:<br />Provided that where having regard to the<br />circumstances of any case, the licensing authority<br />is satisfied that a muzzle loading gun will not be<br />sufficient for crop protection, the licensing<br />authority may grant a licence in respect of any<br />other smooth bore gun as aforesaid for such<br />protection, or<br />(ii) in respect of a point 22 bore rifle or<br />an air rifle to be used for target practice by a<br />member of a rifle<br />---------------------------------------------------------------------<br />1. Subs. by Act 25 of 1983, s. 6, for sub-section (2) (w.e.f.<br />22-6-1983).<br />41<br />club or rifle association licensed or recognised<br />by the Central Government;<br />(b) a licence under section 3 in any other case or a licence<br />under section 4, section 5, section 6, section 10 or<br />section 12, if the licensing authority is satisfied<br />that the person by whom the licence is required has a<br />good reason for obtaining the same.<br />14.<br />Refusal of licences.<br />14. Refusal of licences.-(1) Notwithstanding anything in section<br />13, the licensing authority shall refuse to grant--<br />(a) a licence under section 3, section 4 or section 5 where<br />such licence is required in respect of any prohibited<br />arms or prohibited ammunition;<br />(b) a licence in any other case under Chapter II,--<br />(i) where such licence is required by a person whom the<br />licensing authority has reason to believe--<br />(1) to be prohibited by this Act or by any other law for the<br />time being in force from acquiring, having in his<br />possession or carrying any arms or ammunition, or<br />(2) to be of unsound mind, or<br />(3) to be for any reason unfit for a licence under this Act;<br />or<br />(ii) where the licensing authority deems it necessary for<br />the security of the public peace or for public safety<br />to refuse to grant such licence.<br />(2) The licensing authority shall not refuse to grant any licence<br />to any person merely on the ground that such person does not own or<br />possess sufficient property.<br />(3) Where the licensing authority refuses to grant a licence to<br />any person it shall record in writing the reasons for such refusal and<br />furnish to that person on demand a brief statement of the same unless<br />in any case the licensing authority is of the opinion that it will not<br />be in the public interest to furnish such statement.<br />15.<br />Duration and renewal of licence.<br />15. Duration and renewal of licence.-(1) A licence under section<br />3 shall, unless revoked earlier, continue in force for a period of<br />three years from the date on which it is granted:<br />Provided that such a licence may be granted for a shorter period<br />if the person by whom the licence is required so desires or if the<br />42<br />licensing authority for reasons to be recorded in writing considers in<br />any case that the licence should be granted for a shorter period.<br />(2) A licence under any other provision of Chapter II shall,<br />unless revoked earlier, continue in force for such period from the<br />date on which it is granted as the licensing authority may in each<br />case determine.<br />(3) Every licence shall, unless the licensing authority for<br />reasons to be recorded in writing otherwise decides in any case, be<br />renewable for the same period for which the licence was originally<br />granted and shall be so renewable from time to time, and the<br />provisions of sections 13 and 14 shall apply to the renewal of a<br />licence as they apply to the grant thereof.<br />16.<br />Fees, etc., for licence.<br />16. Fees, etc., for licence.- The fees on payment of which, the<br />conditions subject to which and the form in which a licence shall be<br />granted or renewed shall be such as may be prescribed:<br />Provided that different fees, different conditions and different<br />forms may be prescribed for different types of licences:<br />Provided further that a licence may contain in addition to<br />prescribed conditions such other conditions as may be considered<br />necessary by the licensing authority in any particular case.<br />17.<br />Variation, suspension and revocation of licences.<br />17. Variation, suspension and revocation of licences.- (1) The<br />licensing authority may vary the conditions subject to which a licence<br />has been granted except such of them as have been prescribed and may<br />for that purpose require the licence-holder by notice in writing to<br />deliver-up the licence to it within such time as may specified in the<br />notice.<br />(2) The licensing authority may, on the application of the holder<br />of a licence, also vary the conditions of the licence except such of<br />them as have been prescribed.<br />(3) The licensing authority may by order in writing suspend a<br />licence for such period as it thinks fit or revoke a licence,--<br />(a) if the licensing authority is satisfied that the holder<br />of the licence is prohibited by this Act or by any<br />other law for the time being in force, from acquiring,<br />having in his possession or carrying any arms or<br />ammunition, or is of unsound mind, or is for any reason<br />unfit for a licence under this Act; or<br />43<br />(b) if the licensing authority deems it necessary for the<br />security of the public peace or for public safety to<br />suspend or revoke the licence; or<br />(c) if the licence was obtained by the suppression of<br />material information or on the basis of wrong<br />information provided by the holder of the licence or<br />any other person on his behalf at the time of applying<br />for it; or<br />(d) if any of the conditions of the licence has been<br />contravened; or<br />(e) if the holder of the licence has failed to comply with a<br />notice under sub-section (1) requiring him to deliverup<br />the licence.<br />(4) The licensing authority may also revoke a licence on the<br />application of the holder thereof.<br />(5) Where the licensing authority makes an order varying a<br />licence under sub-section (1) or an order suspending or revoking a<br />licence under sub-section (3), it shall record in writing the reasons<br />therefor and furnish to the holder of the licence on demand a brief<br />statement of the same unless in any case the licensing authority is of<br />the opinion that it will not be in the public interest to furnish such<br />statement.<br />(6) The authority to whom the licensing authority is subordinate<br />may by order in writing suspend or revoke a licence on any ground on<br />which it may be suspended or revoked by the licensing authority; and<br />the foregoing provisions of this section shall, as far as may be,<br />apply in relation to the suspension or revocation of a licence by such<br />authority.<br />(7) A court convicting the holder of a licence of any offence<br />under this Act or the rules made thereunder may also suspend or revoke<br />the licence:<br />Provided that if the conviction is set aside on appeal or<br />otherwise, the suspension or revocation shall become void.<br />(8) An order of suspension or revocation under sub-section (7)<br />may also be made by an appellate court or by the High Court when<br />exercising its powers of revision.<br />(9) The Central Government may, by order in the Official Gazette,<br />suspend or revoke or direct any licensing authority to suspend or<br />revoke all or any licences granted under this Act throughout India or<br />any part thereof.<br />44<br />(10) On the suspension or revocation of a licence under this<br />section the holder thereof shall without delay surrender the licence<br />to the authority by whom it has been suspended or revoked or to such<br />other authority as may be specified in this behalf in the order of<br />suspension or revocation.<br />18.<br />Appeals.<br />18. Appeals.- (1) Any person aggrieved by an order of the<br />licensing authority refusing to grant a licence or varying the<br />conditions of a licence or by an order of the licensing authority or<br />the authority to whom the licensing authority is subordinate,<br />suspending or revoking a licence may prefer an appeal against that<br />order to such authority (hereinafter referred to as the appellate<br />authority) and within such period as may be prescribed:<br />Provided that no appeal shall lie against any order made by or<br />under the direction of, the Government.<br />(2) No appeal shall be admitted if it is preferred after the<br />expiry of the period prescribed therefor:<br />Provided that an appeal may be admitted after the expiry of the<br />period prescribed therefor if the appellant satisfies the appellate<br />authority that he had sufficient cause for not preferring the appeal<br />within that period.<br />(3) The period prescribed for an appeal shall be computed in<br />accordance with the provisions of the Indian Limitation Act, 1908 (9<br />of 1908), with respect to the computation of periods of limitation<br />thereunder.<br />(4) Every appeal under this section shall be made by a petition<br />in writing and shall be accompanied by a brief statement of the<br />reasons for the order appealed against where such statement has been<br />furnished to the appellant and by such fee as may be prescribed.<br />(5) In disposing of an appeal the appellate authority shall<br />follow such procedure as may be prescribed:<br />Provided that no appeal shall be disposed of unless the appellant<br />has been given a reasonable opportunity of being heard.<br />(6) The order appealed against shall, unless the appellate<br />authority conditionally or unconditionally directs otherwise, be in<br />force pending the disposal of the appeal against such order.<br />(7) Every order of the appellate authority confirming, modifying<br />or reversing the order appealed against shall be final.<br />45<br />CHAP<br />POWERS AND PROCEDURE<br />CHAPTER IV<br />POWERS AND PROCEDURE<br />19.<br />Power to demand production of licence, etc.<br />19. Power to demand production of licence, etc.- (1) Any police<br />officer or any other officer specially empowered in this behalf by the<br />Central Government may demand the production of his licence from any<br />person who is carrying any arms or ammunition.<br />(2) If the person upon whom a demand is made refuses or fails to<br />produce the licence or to show that he is entitled by virtue of this<br />Act or any other law for the time being in force to carry such arms or<br />ammunition without a licence, the officer concerned may require him to<br />give his name and address and if such officer considers it necessary,<br />seize from that person the arms or ammunition which he is carrying.<br />(3) If that person refuses to give his name and address or if the<br />officer concerned suspects that person of giving a false name or<br />address or of intending to abscond, such officer may arrest him<br />without warrant.<br />20.<br />Arrest of persons conveying arms, etc., under<br />suspiciouscircumstances.<br />20. Arrest of persons conveying arms, etc., under suspicious<br />circumstances.- Where any person is found carrying or conveying any<br />arms or ammunition whether covered by a licence or not, in such manner<br />or under such circumstances as to afford just grounds of suspicion<br />that the same are or is being carried by him with intent to use them,<br />or that the same may be used, for any unlawful purpose, any<br />magistrate, any police officer or any other public servant or any<br />person employed or working upon a railway, aircraft, vessel, vehicle<br />or any other means of conveyance, may arrest him without warrant and<br />seize from him such arms or ammunition.<br />21.<br />Deposit of arms, etc., on possession ceasing to be lawful.<br />21. Deposit of arms, etc., on possession ceasing to be lawful.-<br />(1) Any person having in his possession any arms or ammunition the<br />possession whereof has, in consequence of the expiration of the<br />duration of a licence or of the suspension or revocation of a licence<br />or by the issue of a notification under section 4 or by any reason<br />whatever, ceased to be lawful, shall without unnecessary delay deposit<br />the same either with the officer in charge of the nearest police<br />station or subject to such conditions as may be prescribed, with a<br />licensed dealer or where such person is a member of the armed forces<br />of the Union, in a unit armoury.<br />Explanation.--In this sub-section "unit armoury" includes an<br />armoury in a ship or establishment of the Indian Navy.<br />(2) Where arms or ammunition have or has been deposited under<br />sub-section (1), the depositor or in the case of his death, his legal<br />46<br />representative, shall, at any time before the expiry of such period as<br />may be prescribed, be entitled--<br />(a) to receive back anything so deposited on his becoming<br />entitled by virtue of this Act or any other law for the<br />time being in force to have the same in his possession,<br />or<br />(b) to dispose, or authorise the disposal, of anything so<br />deposited by sale or otherwise to any person entitled<br />by virtue of this Act or any other law for the time<br />being in force to have, or not prohibited by this Act<br />or such other law from having, the same in his<br />possession and to receive the proceeds of any such<br />disposal:<br />Provided that nothing in this sub-section shall be deemed to<br />authorise the return or disposal of anything of which confiscation has<br />been directed under section 32.<br />(3) All things deposited and not received back or disposed of<br />under sub-section (2) within the period therein referred to shall be<br />forfeited to Government by order of the district magistrate:<br />Provided that in the case of suspension of a licence no such<br />forfeiture shall be ordered in respect of a thing covered by the<br />licence during the period of suspension.<br />(4) Before making an order under sub-section (3) the district<br />magistrate shall, by notice in writing to be served upon the depositor<br />or in the case of his death, upon his legal representative, in the<br />prescribed manner, require him to show cause within thirty days from<br />the service of the notice why the things specified in the notice<br />should not be forfeited.<br />(5) After considering the cause, if any, shown by the depositor<br />or, as the case may be, his legal representative, the district<br />magistrate shall pass such order as he thinks fit.<br />(6) The Government may at any time return to the depositor or his<br />legal representative things forfeited to it or the proceeds of<br />disposal thereof wholly or in part.<br />22.<br />Search and seizure by magistrate.<br />22. Search and seizure by magistrate.-(1) Whenever any magistrate<br />has reason to believe--<br />(a) that any person residing within the local limits of his<br />jurisdiction has in his possession any arms or<br />ammunition for any unlawful purpose, or<br />(b) that such person cannot be left in the possession of any<br />arms or ammunition without danger to the public peace<br />or safety.<br />47<br />the magistrate may, after having recorded the reasons for his belief,<br />cause a search to be made of the house or premises occupied by such<br />person or in which the magistrate has reason to believe that such arms<br />or ammunition are or is to be found and may have such arms or<br />ammunition, if any, seized and detain the same in safe custody for<br />such period as he thinks necessary, although that person may be<br />entitled by virtue of this Act or any other law for the time being in<br />force to have the same in his possession.<br />(2) Every search under this section shall be conducted by or in<br />the presence of a magistrate or by or in the presence of some officer<br />specially empowered in this behalf by the Central Government.<br />23.<br />Search of vessels, vehicles for arms, etc.<br />23. Search of vessels, vehicles for arms, etc,.- Any magistrate,<br />any police officer or any other officer specially powered in this<br />behalf by the Central Government, may for the purpose of ascertaining<br />whether any contravention of this Act or the rules made thereunder is<br />being or is likely to be committed, stop and search any vessel,<br />vehicle or other means of conveyance and seize any arms or ammunition<br />that may be found therein along with such vessel, vehicle or other<br />means of conveyance.<br />24.<br />Seizure and detention under orders of the Central Government.<br />24. Seizure and detention under orders of the Central Government.-<br />The Central Government may at any time order the seizure of any arms<br />or ammunition in the possession of any person, notwithstanding that<br />such person is entitled by virtue of this Act or any other law for the<br />time being in force to have the same in his possession, and may detain<br />the same for such period as it thinks necessary for the public peace<br />and safety.<br />24A.<br />Prohibition as to possession of notified arms in disturbed areas, etc.<br />1*[24A. Prohibition as to possession of notified arms in<br />disturbed areas, etc. (1) Where the Central Government is satisfied<br />that there is extensive disturbance of public peace and tranquillity<br />or imminent danger of such disturbance in any area and that for the<br />prevention of offences involving the use of arms in such area, it is<br />necessary or expedient so to do, it may by notification in the<br />Official Gazette--<br />(a) specify the limits of such area;<br />(b) direct that before the commencement of the period<br />specified in the notification (which period shall be a period<br />commencing from a date not earlier tan the fourth day after the<br />date of publication of the notification in the Official Gazette),<br />every person having in his possession in such area any arms of<br />such description as may be specified in the notification (the<br />arms so specified being hereafter in this section referred to as<br />notified arms), shall deposit the same before such commencement<br />in accordance with the provisions of section 21 and for this<br />purpose the possession by such person of any notified arms shall,<br />notwithstanding anything contained in any other provision of this<br />Act (except section 41) or in any other law for the time being in<br />force, as from the date of publication of such notification in<br />the Official Gazette be deemed to have ceased to be lawful;<br />(c) declare that as from the commencement of, and until the<br />expiry of, the period specified in the notification, it shall not<br />be lawful for any person to have in his possession in such area<br />any notified arms;<br />(d) authorise any such officer subordinate to the Central<br />Government or a State Government as may be specified in the<br />notification,--<br />(i) to search at any time during the period specified<br />in the notification any person in, or passing through, or<br />any premises in, or any animal or vessel or vehicle or other<br />conveyance of whatever nature in or passing through, or any<br />receptacle or other container of whatever nature in, such<br />area if such officer has reason to believe that any notified<br />arms are secreted by such person or in such premises or on<br />such animal or in such vessel, vehicle or other conveyance<br />or in such receptacle or other container;<br />(ii) to seize at any time during the period specified in the<br />notification any notified arms in the possession of any person in<br />such area or discovered through a search under sub-clause (i),<br />and detain the same during the period specified in the<br />notification.<br />(2) The period specified in a notification issued under subsection<br />(1) in respect of any area shall not, in the first instance,<br />exceed ninety days, but the Central Government may amend such<br />notification to extend such period from time to time by any period not<br />exceeding ninety days at any one time if, in the opinion of that<br />Government, there continues to be in such area such disturbance of<br />public peace and tranquillity as is referred to in sub-section (1) or<br />imminent danger thereof and that for the prevention of offences<br />involving the use of arms in such area it is necessary or expedient so<br />to do.<br />(3) The provisions of the Code of Criminal Procedure, 1973 (2 of<br />1973), relating to searches and seizures shall, so far as may be,<br />apply to any search or seizure made under sub-section (1).<br />(4) For the purposes of this section,--<br />(a) "arms" includes ammunition;<br />(b) where the period specified in a notification, as<br />originally issued under sub-section (1), is extended under subsection<br />(2), then, in relation to such notification, references<br />in sub-section (1) to "the period specified in the notification"<br />shall be construed as references to the period as so extended.<br />24B.<br />Prohibition as to carrying of notified arms or through<br />publicplaces in<br />disturbed areas ect.<br />24B. Prohibition as to carrying of notification arms or through<br />public places in disturbedareas etc. (1) Where the Central Government<br />is satisfied that there is extensive disturbance of public peace and<br />tranquillity or imminent danger of such disturbance in any area and<br />that for the prevention of offences involving the use of arms in such<br />area it is necessary or expedient so to do, it may, by notification in<br />the Official Gazette,--<br />(a) specify the limits of such area;<br />(b) direct that during the period specified in the<br />notification (which period shall be a period commencing from a<br />date not earlier than the second day after the date of<br />publication of the notification in the Official Gazette), no<br />person shall carry or otherwise have in his possession any arms<br />of such description as may be specified in the notification (the<br />arms so specified being hereafter in this section referred to as<br />notified arms) through or in any public place in such area;<br />(c) authorise any such officer subordinate to the Central<br />Government or a State Government as may be specified in the<br />notification,--<br />(i) to search at any time during the period specified<br />in the notification any person in, or passing through, or<br />any premises in or forming part of, or any animal or vessel<br />or vehicle or other conveyance of whatever nature in or<br />passing through, or any receptacle or other container of<br />whatever nature in, any public place in such area if such<br />officer has reason to believe that any notified arms are<br />secreted by such person or in such premises or on such<br />animal or in such vessel, vehicle or other conveyance or in<br />such receptacle or other container;<br />(ii) to seize at any time during the period specified<br />in the notification any notified arms being carried by or<br />otherwise in the possession of any person, through or in a<br />public place in such area or discovered through a search<br />under sub-clause (i), and detain the same during the period<br />specified in the notification.<br />(2) The period specified in a notification issued under subsection<br />(1) in respect of any area shall not, in the first instance,<br />exceed ninety days, but the Central Government may amend such<br />notification to extend such period from time to time by any period<br />exceeding ninety days at any one time if, in the opinion of that<br />Government, there continues to be in such area such disturbance of<br />public peace and tranquillity as is referred to in sub-section (1) or<br />imminent danger thereof and that for the prevention of offences<br />involving the use of arms in such area it is necessary or expedient so<br />to do.<br />(3) The provisions of the Code of Criminal Procedure, 1973<br />(2 of 1974) relating to searches and seizures shall, so far as may<br />be, apply to any search or seizure made under sub-section (1).<br />(4) For the purposes of this section,--<br />(a) "arms" includes ammunition;<br />(b) "public place" means any place intended for use by, or<br />accessible to, the public or any section of the public; and<br />(c) where the period specified in a notification, as<br />originally issued under sub-section (1), is extended under subsection<br />(2), then, in relation to such notification, references<br />in sub-section (1) to "the period specified in the notification"<br />shall be construed as references to the period as so extended.]<br />CHAP<br />OFFENCES AND PENALTIES<br />CHAPTER V<br />OFFENCES AND PENALTIES<br />25.<br />Punishment for certain offences.<br />25. Punishment for certain offences. 2*[(1) Whoever--<br />(a) manufactures, sells, transfers, converts, repairs, tests<br />or proves, or exposes or offers for sale or transfer, or has in<br />his possession for sale, transfer, conversion, repair, test or<br />proof, any arms or ammunition in contravention of section 5; or<br />(b) shortens the barrel of a firearm or converts an<br />imitation firearm into a firearm in contravention of section 6;<br />or<br />3* * * * *<br />(d) brings into, or takes out of, India, any arms or<br />ammunition of any class or description in contravention of<br />section 11<br />shall be punishable with imprisonment for a term which shall not be<br />less than three years but which may extend to seven years and shall<br />also be liable to fine.<br />5*[(1AAA)] Whoever has in contravention of a notification<br />issued under section 24A in his possession or in contravention of<br />a notification issued under section 24B carries or otherwise has<br />in his possession, any arms or ammunition shall be punishable<br />with imprisonment for a term which shall not be less than<br />6*[three<br />years, but which may extend to seven years] and shall also be<br />liable to fine.<br />(1B) Whoever--<br />(a) acquires, has in his possession or carries any firearm<br />or ammunition in contravention of section 3; or<br />(b) acquires, has in his possession or carries in any place<br />specified by notification under section 4 any arms of such class<br />or description as has been specified in that notification in<br />contravention of that section; or<br />(c) sells or transfers any firearm which does not bear the<br />name of the maker, manufacturer's number or other identification<br />mark stamped or otherwise shown thereon as required by subsection<br />(2) of section 8 or does any act in contravention of subsection<br />(1) of that section; or<br />(d) being a person to whom sub-clause (ii) or sub-clause<br />(iii) of clause (a) of sub-section (1) of section 9 applies,<br />acquires, has in his possession or carries any firearm or<br />ammunition in contravention of that section; or<br />(e) sells or transfers, or converts, repairs, tests or<br />proves any firearm or ammunition in contravention of clause (b)<br />of sub-section (1) of section 9; or<br />(f) brings into, or takes out of, India, any arms or<br />ammunition in contravention of section 10; or<br />(g) transports any arms or ammunition in contravention of<br />section 12; or<br />(h) fails to deposit arms or ammunition as required by subsection<br />(2) of section 3, or sub-section (1) of section 21; or<br />(i) being a manufacturer of, or dealer in, arms or<br />ammunition, fails, on being required to do so by rules made under<br />section 44, to maintain a record or account or to make therein<br />all such entries as are required by such rules or intentionally<br />makes a false entry therein or prevents or obstructs the<br />inspection of such record or account or the making of copies of<br />entries therefrom or prevents or obstructs the entry into any<br />premises or other place where arms or ammunition are or is<br />manufactured or kept or intentionally fails to exhibit or<br />conceals such arms or ammunition or refuses to point out where<br />the same are or is manufactured or kept,<br />shall be punishable with imprisonment for a term which shall not be<br />less than 6*[one year] but which may extend to three years and shall<br />also be liable to fine:<br />Provided that the Court may for any adequate and special reasons<br />to be recorded in the judgment impose a sentence of imprisonment for a<br />term of less than 6*[one year]<br />7*[(1C) Notwithstanding anything contained in sub-section (1B),<br />whoever commits an offence punishable under that sub-section in any<br />disturbed area shall be punishable with imprisonment for a term which<br />shall not be less than three years but which may extend to seven years<br />and shall also be liable to fine.<br />Explanation.--For the purposes of this sub-section, "disturbed<br />area" means any area declared to be a disturbed area under any<br />enactment, for the time being in force, making provision for the<br />suppression of disorder and restoration and maintenance of public<br />order, and includes any areas specified by notification under section<br />24A or section 24B.]<br />---------------------------------------------------------------------<br />1. Ins. by Act 25 of 1983, s. 7 (w.e.f. 22-6-1983).<br />2. Subs. by s. 8, ibid., for sub-section (1) (w.e.f. 22-6-1983).<br />3. Cl. (c) omitted by Act 42 of 1988 s. 5 (w.e.f. 27-5-1988).<br />4. Ins. by s. 5, ibid. (w.e.f. 27-5-1988).<br />5. Sub-section (1A) renumbered as sub-section (1AAA) there of by s.5<br />ibid. (w.e.d. 27-5-1988).<br />6. Subs. by Act 39 of 1985, s. 2.<br />7. Ins. by s. 2, ibid..<br />49<br />(2) Whoever being a person to whom sub-clause (i) of clause (a)<br />of sub-section (1) of section 9 applies, acquires, has in his<br />possession or carries any firearm or ammunition in contravention of<br />that section shall be punishable with imprisonment for a term which<br />may extend to one year, or with fine, or with both.<br />1*[(3) Whoever sells or transfers any firearm, ammunition or<br />other arms--<br />(i) without informing the district magistrate having<br />jurisdiction or the officer in charge of the nearest police<br />station, of the intended sale or transfer of that firearm,<br />ammunition or other arms; or<br />(ii) before the expiration of the period of forty-five<br />days from the date of giving such information to such<br />district magistrate or the officer in charge of the police<br />station,<br />in contravention of the provisions of clause (a) or clause (b) of the<br />proviso to sub-section (2) of section 5, shall be punishable with<br />imprisonment for a term which may extend to six months, or with fine<br />of an amount which may extend to five hundred rupees, or with both.]<br />(4) Whoever fails to deliver-up a licence when so required by the<br />licensing authority under sub-section (1) of section 17 for the<br />purpose of varying the conditions specified in the licence or fails to<br />surrender a licence to the appropriate authority under sub-section<br />(10) of that section on its suspension or revocation shall be<br />punishable with imprisonment for a term which may extend to six<br />months, or with fine of an amount which may extend to five hundred<br />rupees, or with both.<br />(5) Whoever, when required under section 19 to give his name and<br />address, refuses to give such name and address or gives a name or<br />address which subsequently transpires to be false shall be punishable<br />with imprisonment for a term which may extend to six months, or with<br />fine of an amount which may extend to two hundred rupees, or with<br />both.<br />26.<br />Secret contraventions.<br />2*[26. Secret contraventions.- (1) Whoever does any act in<br />contravention of any of the provisions of section 3, 4, 10 or 12 in<br />such manner as to indicate an intention that such act may not be known<br />to any public servant or to any person employed or working upon a<br />railway, aircraft, vessel, vehicle or any other means of conveyance,<br />shall be punishable with imprisonment for a term which shall not be<br />less than six months but which may extend to seven years and also with<br />fine.<br />(2) Whoever does any act in contravention of any of the<br />provisions of section 5, 6, 7 or 11 in such manner as to indicate an<br />intention that such act may not be known to any public servant or to<br />any person employed or working upon a railway, aircraft, vessel,<br />vehicle or any other means of conveyance, shall be punishable with<br />imprisonment for a term which shall be punishable with imprisonment<br />for a term which shall not be less than five years but which may<br />extend to ten years and also with fine.<br />(3) Whoever on any search being made under section 22 conceals or<br />attempts to conceal any arms or ammunition, shall be punishable with<br />imprisonment for a term which may extend to ten years and also with<br />fine.]<br />---------------------------------------------------------------------<br />1. Subs. by Act 25 of 1983, s. 8, for sub-section (3) (w.e.f.<br />22-6-1983).<br />2. Subs. by s. 9, ibid., for s. 26 (w.e.f. 22-6-1983).<br />50<br />27.<br />Punishment for using arms, etc.<br />1*[27. Punishment for using arms, etc.- (1) Whoever uses any arms<br />or ammunition in contravention of section 5 shall be punishable with<br />imprisonment for a term which shall not be less than three years but<br />which may extend to seven years and shall also be liable to fine.<br />(2) Whoever uses any prohibited arms or prohibited ammunition in<br />contravention of section 7 shall be punishable with imprisonment for a<br />term which shall not be less than seven years but which may extend to<br />imprisonment for life and shall also be liable to fine.<br />(3) Whoever uses any prohibited arms or prohibited ammunition or<br />does any act in contravention of section 7 and such use or act results<br />in the death of any other person, shall be punishable with death.]<br />28.<br />Punishment for use and possession of firearms or imitation firearms<br />incertain<br />cases.<br />28. Punishment for use and possession of firearms or imitation<br />firearms in certain cases.- Whoever makes or attempts to make any use<br />whatsoever of a firearm or an imitation firearm with intent to resist<br />or prevent the lawful arrest or detention of himself or any other<br />person shall be punishable with imprisonment for a term which may<br />extend to seven years, 4*[and with fine]<br />Explanation.--In this section the expression "imitation firearm"<br />has the same meaning as in section 6.<br />29.<br />Punishment for knowingly purchasing arms, etc., from unlicensed<br />personor for<br />delivering arms, etc., to person not entitled to possess thesame.<br />29. Punishment for knowingly purchasing arms, etc., from<br />unlicensed person or for delivering arms, etc., to person not entitled<br />to possess the same.- Whoever--<br />(a) purchases any firearm or any other arms of such class or<br />description as may be prescribed or any ammunition from<br />any other person knowing that such other person is not<br />licensed or authorised under section 5; or<br />(b) delivers any arms or ammunition into the possession of<br />another person without previously ascertaining that<br />such other person is entitled by virtue of this Act or<br />any other law for the time being in force to have, and<br />is not prohibited by this Act or such other law from<br />having, in his possession the same;<br />shall be punishable with imprisonment for a term which may extend to<br />2*[three years, or with fine, or with both]<br />30.<br />Punishment for contravention of licence or rule.<br />30. Punishment for contravention of licence or rule.- Whoever<br />contravenes any condition of a licence or any provision of this act or<br />any rule made thereunder, for which no punishment is provided<br />elsewhere in this Act shall be punishable with imprisonment for a term<br />which may extend to 3*[six month], or with fine which may extend to<br />4*[two thousand] rupees, or with both.<br />---------------------------------------------------------------------<br />1. Subs. by Act 42 of 1988, s. 6, for s. 27 (w.e.f. 27-5-1988).<br />2. Subs. by Act 25 of 1983, s. 10, for certain words (w.e.f.<br />22-6-1983).<br />3. Subs. by s. 11 ibid., for certain words (w.e.f. 22-6-1983).<br />4. Subs. by s. 12, ibid., for certain words (w.e.f. 22-6-1983).<br />51<br />31.<br />Punishment for subsequent offences.<br />31. Punishment for subsequent offences.- Whoever having been<br />convicted of an offence under this Act is again convicted of an<br />offence under this Act shall be punishable with double the penalty<br />provided for the latter offence.<br />32.<br />Power to confiscate.<br />32. Power to confiscate.- (1) When any person is convicted under<br />this Act of any offence committed by him in respect of any arms or<br />ammunition, it shall be in the discretion of the convicting court<br />further to direct that the whole or any portion of such arms or<br />ammunition, and any vessel, vehicle or other means of conveyance and<br />any resceptacle or thing containing, or used to conceal, the arms or<br />ammunition shall be confiscated:<br />Provided that if the conviction is set aside on appeal or<br />otherwise, the order of confiscation shall become void.<br />(2) An order of confiscation may also be made by the appellate<br />court or by the High Court when exercising its powers of revision.<br />33.<br />Offences by companies.<br />33. Offences by companies.-(1) Whenever an offence under this Act<br />has been committed by a company, every person who at the time the<br />offence was committed was in charge of, or was responsible to the<br />company for the conduct of, the business of the company, as well as<br />the company, shall be deemed to be guilty of the offence and shall be<br />liable to be proceeded against and punished accordingly:<br />Provided that nothing contained in this sub-section shall render<br />any such person liable to any punishment under this Act if he proves<br />that the offence was committed without his knowledge and that he<br />exercised all due diligence to prevent the commission of such offence.<br />(2) Notwithstanding anything contained in sub-section (1), where<br />an offence under this Act has been committed by a company and it is<br />proved that the offence has been committed with the consent or<br />connivance of, or is attributable to any neglect on the part of, any<br />director, manager, secretary or other officer of the company, such<br />director, manager, secretary or other officer shall also be deemed to<br />be guilty of that offence and shall be liable to be proceeded against<br />and punished accordingly.<br />Explanation.--For the purposes of this section,--<br />(a) "company" means any body corporate, and includes a firm<br />or other association of individuals; and<br />(b) "director", in relation to a firm, means a partner in<br />the firm.<br />52<br />CHAP<br />MISCELLANEOUS<br />CHAPTER VI<br />MISCELLANEOUS<br />34.<br />Sanction of Central Government for warehousing of arms.<br />34. Sanction of Central Government for warehousing of arms.-<br />Notwithstanding anything contained in the 1*[Customs Act, 1962<br />(52 of 1962)] no arms or ammunition shall be deposited in any warehouse<br />licensed under 1*[section 58] of that Act without the sanction<br />of the Central Government.<br />35.<br />Criminal responsibility of persons in occupation of premises<br />incertain<br />cases.<br />35. Criminal responsibility of persons in occupation of premises<br />in certain cases. Where any arms or ammunition in respect of which any<br />offence under this Act has been or is being committed are or is found<br />in any premises, vehicle or other place in the joint occupation or<br />under the joint control of several persons, each of such persons in<br />respect of whom there is reason to believe that he was aware of the<br />existence of the arms or ammunition in the premises, vehicle or other<br />place shall, unless the contrary is proved, be liable for that offence<br />in the same manner as if it has been or is being committed by him<br />alone.<br />36.<br />Information to be given regarding certain offences.<br />36. Information to be given regarding certain offences.-(1) Every<br />person aware of the commission of any offence under this Act shall, in<br />the absence of reasonable excuse the burden of proving which shall lie<br />upon such person, give information of the same to the officer in<br />charge of the nearest police station or the magistrate having<br />jurisdiction.<br />(2) Every person employed or working upon any railway, aircraft,<br />vessel, vehicle or other means of conveyance shall, in the absence of<br />reasonable excuse the burden of proving which shall lie upon such<br />person, give information to the officer in charge of the nearest<br />police station regarding any box, package or bale in transit which he<br />may have reason to suspect contains arms or ammunition in respect of<br />which an offence under this Act has been or is being committed.<br />37.<br />Arrest and searches.<br />37. Arrest and searches.-Save as otherwise provided in this Act,-<br />-<br />(a) all arrests and searches made under this Act or under<br />any rules made thereunder shall be carried out in<br />accordance with the provisions of the 2*[Code of<br />Criminal Procedure, 1973 (2 of 1974)], relating respectively<br />to arrests and searches made under that Code;<br />(b) any person arrested and any arms or ammunition seized<br />under this Act by a person not being a magistrate or a<br />police officer shall be delivered without delay to the<br />officer<br />---------------------------------------------------------------------<br />1. Subs. by Act 25 of 1983, s. 13, for certain words (w.e.f.<br />22-6-1983).<br />2. Subs. by s. 14, ibid., for certain words (w.e.f. 22-6-1983).<br />53<br />in charge of the nearest police station and that<br />officer shall--<br />(i) either release that person on his<br />executing a bond with or without sureties to<br />appear before a magistrate and keep the things<br />seized in his custody till the appearance of that<br />person before the magistrate, or<br />(ii) should that person fail to execute the<br />bond and to furnish, if so required, sufficient<br />sureties, produce that person and those things<br />without delay before the magistrate.<br />38.<br />Offences to be cognizable.<br />38. Offences to be cognizable.-Every offence under this Act shall<br />be cognizable within the meaning of the 1*[Code of Criminal Procedure,<br />1973 (2 of 1974)]<br />39.<br />Previous sanction of the district magistrate necessary in<br />certaincases.<br />39. Previous sanction of the district magistrate necessary in<br />certain cases.- No prosecution shall be instituted against any person<br />in respect of any offence under section 3 without the previous<br />sanction of the district magistrate.<br />40.<br />Protection of action taken in good faith.<br />40. Protection of action taken in good faith.- No suit,<br />prosecution or other legal proceeding shall lie against any person for<br />any thing which is in good faith done or intended to be done under<br />this Act.<br />41.<br />Power to exempt.<br />41. Power to exempt.- Where the Central Government is of the<br />opinion that it is necessary or expedient in the public interest so to<br />do, it may, by notification in the Official Gazette and subject to<br />such conditions, if any, as it may specify in the notification,--<br />(a) 2*[exempt any person or class of persons (either<br />generally or in relation to such description of arms<br />and ammunition as may be specified in the<br />notification)], or exclude any description of arms or<br />ammunition, or withdraw any part of India, from the<br />operation of all or any of the provisions of this Act;<br />and<br />(b) as often as may be, cancel any such notification and<br />again subject, by a like notification, the person or<br />class of persons or the description of arms and<br />ammunition or the part of India to the operation of<br />such provisions.<br />42.<br />Power to take census of firearms.<br />42. Power to take census of firearms.-(1) The Central Government<br />may, by notification in the Official Gazette, direct a census to be<br />taken of all firearms in any area and empower any officer of<br />Government to take such census.<br />(2) On the issue of any such notification all persons having in<br />their possession any firearm in that area shall furnish to the officer<br />---------------------------------------------------------------------<br />1. Subs. by Act 25 of 1983, s. 14 (w.e.f. 22-6-1983).<br />2. Subs. by s. 15, ibid., for certain words (w.e.f. 22-6-1983).<br />54<br />concerned such information as he may require in relation thereto and<br />shall produce before him such firearms if he so requires.<br />43.<br />Power to delegate.<br />43. Power to delegate.- (1) The Central Government may, by<br />notification in the Official Gazette, direct that any power or<br />function which may be exercised or performed by it under this Act<br />other than the power under section 41 or the power under section 44<br />may, in relation to such matters and subject to such conditions, if<br />any, as it may specify in the notification, be exercised or performed<br />also by--<br />(a) such officer or authority subordinate to the Central<br />Government, or<br />(b) such State Government or such officer or authority<br />subordinate to the State Government,<br />as may be specified in the notification.<br />(2) Any rules made by the Central Government under this Act may<br />confer powers or impose duties or authorise the conferring of powers<br />or imposition of duties upon any State Government or any officer or<br />authority subordinate thereto.<br />44.<br />Power to make rules.<br />44. Power to make rules.-(1) The Central Government may, by<br />notification in the Official Gazette, make rules for carrying out the<br />purposes of this Act.<br />(2) In particular, and without prejudice to the generality of the<br />foregoing power, such rules may provide for all or any of the<br />following matters, namely:--<br />(a) the appointment, jurisdiction, control and functions of<br />licensing authorities 1*["including the areas and the<br />categories of arms and ammunition for which they may<br />grant licences];<br />(b) the form and particulars of application for the grant or<br />renewal of a licence and where the application is for<br />the renewal of a licence, the time within which it<br />shall be made;<br />(c) the form in which and the conditions subject to which<br />any licence may be granted or refused, renewed, varied,<br />suspended or revoked;<br />(d) where no period has been specified in this Act, the<br />period for which any licence shall continue to be in<br />force;<br />(e) the fees payable in respect of any application for the<br />grant or renewal of a licence and in respect of any<br />licence granted or renewed and the manner of paying the<br />same;<br />---------------------------------------------------------------------<br />1. Ins. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983).<br />55<br />(f) the manner in which the maker's name, the manufacturer's<br />number or other identification mark of a firearm shall<br />be stamped or otherwise shown thereon;<br />(g) the procedure for the test or proof of any firearms;<br />(h) the firearms that may be used in the course of training,<br />the age-limits of persons who may use them and the<br />conditions for their use by such persons;<br />(i) the authority to whom appeals may be preferred under<br />section 18, the procedure to be followed by such<br />authority and the period within which appeals shall be<br />preferred, the fees to be paid in respect of such<br />appeals and the refund of such fees;<br />(j) the maintenance of records or accounts of anything done<br />under a licence other than a licence under section 3 or<br />section 4, the form of, and the entries to be made in,<br />such records or accounts and the exhibition of such<br />records or accounts to any police officer or to any<br />officer of Government empowered in this behalf;<br />(k) the entry and inspection by any police officer or by any<br />officer of Government empowered in this behalf of any<br />premises or other place in which arms or ammunition are<br />or is manufactured or in which arms or ammunition are<br />or is kept by a manufacturer of or dealer in such arms<br />or ammunition and the exhibition of the same to such<br />officer;<br />(l) the conditions subject to which arms or ammunition may<br />be deposited with a licensed dealer or in a unit<br />armoury as required by sub-section (1) of section 21<br />and the period on the expiry of which the things so<br />deposited may be forfeited;<br />(m) any other matter which is to be, or may be, prescribed.<br />(3) Every rule made under this section shall be laid as soon as<br />may be after it is made before each House of Parliament while it is in<br />session for a total period of thirty days which may be comprised in<br />one session or in 1*[two or more successive sessions, and if, before<br />the expiry of the session immediately following the session or the<br />successive sessions aforesaid], both Houses agree in making any<br />modification in the rule or both Houses agree that the rule should not<br />be made, the rule shall thereafter have effect only in such modified<br />form or<br />---------------------------------------------------------------------<br />1. Subs. by Act 25 of 1983, s. 16, for certain words (w.e.f.<br />22-6-1983).<br />56<br />be of no effect, as the case may be, so however that any such<br />modification or annulment shall be without prejudice to the validity<br />of anything previously done under that rule.<br />45.<br />Nothing in this Act shall apply to<br />45. Nothing in this Act shall apply to--<br />(a) arms or ammunition on board any sea-going vessel or any<br />aircraft and forming part of the ordinary armament or<br />equipment of such vessel or aircraft;<br />(b) the acquisition, possession or carrying, the<br />manufacture, repair, conversion, test or proof, the<br />sale or transfer or the import, export or transport of<br />arms or ammunition--<br />(i) by or under orders of the Central<br />Government, or<br />(ii) by a public servant in the course of his<br />duty as such public servant, or<br />(iii) by a member of the National Cadet Corps<br />raised and maintained under the National Cadet<br />Corps Act, 1948 (31 of 1948), or by any officer<br />or enrolled person of the Territorial Army Act,<br />1948 (56 of 1948), or by any member of any other<br />forces raised and maintained or that may hereafter<br />be raised and maintained under any Central Act, or<br />by any member of such other forces as the Central<br />Government may, by notification in the Official<br />Gazette, specify, in the course of his duty as<br />such member, officer or enrolled person;<br />(c) any weapon of an obsolete pattern or of antiquarian<br />value or in disrepair which is not capable of being<br />used as a firearm either with or without repair;<br />(d) the acquisition, possession or carrying by a person of<br />minor parts of arms or ammunition which are not<br />intended to be used along with complementary parts<br />acquired or possessed by that or any other person.<br />46.<br />Repeal of Act 11 of 1878.<br />46. Repeal of Act 11 of 1878. (1) The Indian Arms Act, 1878 (11<br />of 1878), is hereby repealed.<br />(2) Notwithstanding the repeal of the Indian Arms Act, 1878, (11<br />of 1878.) and without prejudice to the provisions of sections 6 and 24<br />of the General Clauses Act, 1897 (10 of 1897), every licence granted<br />or renewed under the first-mentioned Act shall, unless sooner revoked,<br />continue in force after such commencement for the unexpired portion of<br />the period for which it has been granted or renewed.Naresh Kadyanhttp://www.blogger.com/profile/08419516306288297445noreply@blogger.com0