Sections Particulars
Preamble
[23rd December, 1959] An Act to consolidate and amend the law relating to arms and ammunition. BE it enacted by Parliament in the Tenth Year of the Republic...
Chapter I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Arms Act, 1959. (2). It extends to the whole of India. (3). It shall come into force on such date [ Note: 1st October, 1962, v...
2 Definitions
(I) in this Act, unless the context otherwise requires, -- (a) "acquisition " with its grammatical variations and cognate expressions, includes hiring, borro...
Chapter II Acquisition, Possession, Manufacture, Sale, Import, Export And Transport Of Arms And Ammunition
3 License for acquisition and possession of firearms and ammunition
— [ Note: S. 3 renumbered as sub section (1) thereof by Act 25 of 1983, s. 3 (w.e.f. 22-6-1983) ] (1) No person shall acquire, have in his possession, or carr...
4 License for acquisition and possession of arms of specified description in certain cases
4. – 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 inter...
5 License for manufacture, sale, etc., of arms and ammunition
(1) [ Note: Section 5 renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered the proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1...
6 License for the shortening of guns or conversion of imitation firearms into firearms
No person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a license issued in accordance ...
7 Prohibition of acquisition or possession, or of manufacture or sale, of 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,] sel...
8 Prohibition of sale or transfer of firearms not bearing identification marks
(1) No person, shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm. (2) No person s...
9 Prohibition of acquisition or possession by, or of sale or transfer to young persons and certain other persons of fire arms, etc.
(1) Notwithstanding anything in the foregoing provisions of this Act— (a) no person,-- (i) who has not completed the age of [twenty-one years], or (ii) who ha...
10 License for import and export of arms, etc.
(1) No person shall bring into, or take out of India by sea, land or air any arms or ammunition unless he holds in this behalf a license issued in accordance ...
11 Power to prohibit import or export of arms, etc.
.- The Central Government may, by notification in the Official Gazette prohibit the bringing into, or the taking out of, India, arms or ammunition of such cl...
12 Power to restrict or prohibit transport of arms
(1) The Central Government may, by notification if the Official Gazette,- (a) direct that no person shall transport over India or any part thereof arms or amm...
Chapter III Provisions Relating To Licences
13 Grant of licenses
(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 an...
14 Refusal of licenses
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 licens...
15 Duration and renewal of license
(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: that such a ...
16 Fees, etc., for license
. 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:...
17 Variation, suspension and revocation of 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 p...
18 Appeals
-(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 lic...
Chapter IV Powers And Procedure
19 Power to demand production of license, etc.
.-(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 p...
20 Arrest of persons conveying arms, etc., under suspicious circumstances
., 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 u...
21 Deposit of arms, etc., on possession ceasing to be lawful
- 1. Any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a license or o...
22 Search and seizure by magistrate
- (1) Whenever any magistrate has reason to believe- (a) that any person residing within the local limits of his jurisdiction has in his possession any arms ...
23 Search of vessels, vehicles for arms, etc.
Any magistrate, any police officer or any other officer specially empowered in this behalf by the Central Government, may for the purpose of ascertaining whet...
24 Seizure and detention under orders of the Central Government
The Central Government may at any time order the seizure of any arms or ammunition in the possession of any person, notwithstanding that such person is entitl...
24A Prohibition as to possession of notified arms in disturbed areas, etc.
.- [ Note: Ss. 24A and 24B Ins. by Act 25 of 1983, s. 7 (w.e.f 22-6-1983) ] (1) Where the Central Government is satisfied that there is extensive disturbance ...
24B Prohibition as to carrying of notified arms in or through public places in disturbed areas, etc.
-(1) Where the Central Government is satisfied that there is extensive disturbance in any area and that for the prevention of offences involving the sue of ar...
Chapter V Offences And Penalties
25 Punishment for certain offences
[Note: Subs. by Act 25 of 1983, s. 8 (w.e.f. 22-6-1983) ] (1) Whoever- (a) Manufactures sells, transfers, converts, repairs, tests or proves, or exposes or of...
26 Secret contraventions
[ Note: Subs. by Act 25 of 1983, s.9 (w.e.f. 22-6-1983) ](1) Whoever does any act in contravention of any of the provisions of section 3,4,10 or 12 in such ...
27 Punishment for using arms, etc.
[ Note: Subs. by Act 42 of 1988, s. 6 (w.e.f. 27-5-1988) ](1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imp...
28 Punishment for use and possession of firearms or imitation 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...
29 Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same
–Whoever (a) Purchase any firearms or any other arms of such class or description as may be prescribed or any ammunition from any other person knowing th...
30 Punishment for contravention of license or rule
Whoever contravenes any condition of a licence or any provision of this Act or any rule made there under, for which no punishment is porvide4d elsewhere in ...
31 Punishment for subsequent offences
-Whoever having been convicted of an offence under this Act is again convicted of an offence under this Act shall be punishable with double the penalty pro...
32 Power to confiscate
(1) When any person is convicted under this Act of any offence committed by him in respect of any arms or ammunition, it shall be in the discretion of the c...
33 Offence by companies
(1) Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was resp...
Chapter VI Miscellaneous
34 Sanction of the Central Government for Warehousing of Arms
Notwithstanding anything contained in the [ [ Note: Subs. by Act 25 of 1983, s. 13 (w.e.f. 22-6-1983) ] Customs Act, 1962, (52 of 1962)] no arms or ammuniti...
35 Criminal responsibility of persons in occupation of premises in certain cases
- Where any arms or ammunition in respect of which any offences under this Act has been or is being committed are or is found in any premises, vehicle or o...
36 Information to be given regarding certain offences
(1) Every person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which shall lie upon...
37 Arrest and searches
- Save as otherwise provided in this Act,(a) All arrests and searches made under this act or under any rules made there under shall be carried out in acco...
38 Offences to be cognizable
- Every offence under this Act shall be cognizable within the meaning of the [ [ Note: Subs. by Act 25 of 1983, s. 14 (w.e.f. 22-6-1983) ] Code of Criminal...
39 Previous sanction of the district magistrate necessary in certain cases
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 ...
40 Protection of action taken in good faith
-No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act...
41 Power to exempt
- Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in he Official G...
42 Power to take census of firearms
(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 ...
43 Power to delegate
(1) The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under t...
44 Power to make rules
– (1) The Central government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and w...
45 Act not to apply in certain cases
– Nothing in this Act shall apply to –(a) Arms or ammunition on board any sea-going vessel or any aircraft and forming part of the ordinary armament or eq...
46 Repeal of Act 11 of 1878
(1) The Indian Arms Act, 1878 is hereby repealed. (2) Notwithstanding the repeal of the Indian Arms Act, 1878 (11 of 1878), and without prejudice to the p...
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