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ARMS ACT, 1959
54 of 1959
23rd December, 1959
STATEMENT OF OBJECTS AND REAS0NS "The Indian Arms Act, 1878, was intended to disarm the entire nation. Even after independence, the law declaring "swords, daggers, spears, spear-heads, bow and arrows" as "arms" has been allowed to continue unaltered on the statute book. The rigours of the Arms Act and roles thereunder continue to make it difficult for law abiding citizens to possess firearms for self-defence' whereas terrorists, dacoit-gangs and other anti-social or anti-national elements are using not only civilian weapons but also bombs, hand-grenades, Bren-guns, Sten-guns. .303 bore service rifles and revolvers of military type,for perpecetating terinous crimes against society and the State. The Indian Arms (Amendment) Bill (No 49 of 1953) was introduced by the undersigned in the Lok Sabha on the 27th November,1953 to focus Parliment's (attention on this vital subject. It was discussed in the House on 26th March, 1954 and was Circulated for public opinion. Opinions were received from all the State Governments which contained not only their own views but also those of many-legal luminaries, Bar Associations, Judges, Collectors, Senior Police Officers and local Bodies of their respective Slates. On the basis of those opinions, this Bill has been drafted. The objects of this Bill are :- (a) to exclude knives, spears, bows and arrows and the like from the definition of "arms"; (b) to classify firearms, and other prohibited weapons so as to ensure- (i) that dangerous weapons of military patterns are not available to civilians, particularly the anti-social elements: (ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for (he privilege; and (iii) that lirearms required for training purpose:, and ordinary civilian use are made more easily available on permits: (c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifthcolumn activities in the country: (d) to recognize the right of the State to requisition the services of every citizen in national emergencies. The licensees and permit holders for firearms, shikaris, target shooters and rifle-men in general (in appropriate age groups) will be of great service to the country :n emergencies, if the Government can properly mobilise and utilise them" -Gaz. of Ind., 20-2-1959, Pt. II-S. 2, Extra p. 107. Act 55 of 1971.- The muzzle-loading gun is mainly used by the farmers generally for protecting their crop from the animals. A licence is required to he obtained even for the muzzleloading gun under the provisions of the existing law and the fanners have to waste a lot of time, energy and money in obtaining the same. It is, therefore, desirable that muzzle loading gun, meant for agricultural use. is exempted from licence so that the farmer may procure it without difficulty for protecting his crops and he may not have to waste his time and money. The amendment seeks to acnieve this objective. -S.O.R. - Gaz. Ind, 23-7-1971, Pt. II, S.2, Ext., p. 478. Act 25 of 1983 - The Arms Act. 1959(54 of 1959) was-enacted about twenty-two years ago. Of late there has been an increesing incidence of crime involving use offirearms. Apart from unlicensed firearms, the invovlement of licensed firearms in crime is also on the Increase. The present Bill therefore seeks, in the main, to ensure that firearms do not come into the possession of anti-social elements and for provide for greater vigilance on the issue of licences for firearms and sale and transfer of these arms. and for stringent punishments for offences under the Act. 2. This Bul seeks to achieve the above objects. -S.O.R. -Gaz. of Ind.,24-8-1981, Pt. II, S2. Ext. p. 473. Act 39 of 1985'~ The Arms Act, 1959 regulates the acquisition, possession or carrying of firearms and achmunition and provides punishment for contravention of the provisions of the Act. There has been increased use of firearms, mootly unauthorised by terrorists and others in committing violent acts. Such activities have been particularly noticed in 'disturbed areas' like Punjab and Chandigarh. The punishments provided for at present do not have a strong deterrent effect. There is, therefore, an increased need to provide for more stringent punishment to curb unauthorised access to arms and ammunition and to combat the growing menace of terrorism. It is accordingly proposed to provide for very stringent punishments for illegal possession or carrying of arms in disturbed areas and for contravention of sub-section(1B) of section 25of the Act in disturbed areas. It is also proposed to make the Punishments for other contraventions of the said sub-section(1B) more stringent. 2 The.Bill seeks to achieve the above objectives. -S.O.R. - Gaz. of India. 16-5-1985, Pt. II-S. 2. Ext., p. 3 (No29). Act 42 of 1988- The Arms Act, 1959 had been amended to provide for enhanced publishments in respect of offences under that Act in the context of escalating terrorist and anti-national activities. However, it was reported tha'. terrorist and antinational elements, particularly in Punjab, had in the recent past acquired automatic firearms. machine guns of various types, rockets and rocket launchers. Although the definitions of the expressions "arms;", "ammunition", "prohibited arms" and "prohibited immunition" included in the Act are adequate to cover the aforesaid lethal weapons in the matter of punishments for offences relating to arms, the Act did not make any- distiction between offences involving ordinary arms and "he more lethal prohibited arms and prohibited ammunition. futher, while the Act provided for punishment of persons in possession of arms and ammunition with intent to use them for any unlawful purpose, it did not provide for any penalties for the actual use of illegal arms. To overcome these deficiencies, it was proposed to' amend the Act by providing for deterrent punishment for offences relating to prohibited arms and ammunition and for the illegal use of firearms and ammunition so as to effectively meet the challenges from the terrorist and anti-national elements. Accordingly, the Arms (Amendment) Ordinance, 1988 was promulgated by the President on the 27th May, 1968. The Ordinance amended the Act to provide for the following among other things namely :- (i) the definitions of "ammunition" and "prohibited ammunition" have been amended to include missiles so as to put the matter beyond any doubt: (ii) deterrent punishments have been provided .for offences involving prohibited arms and prohibited ammunition; (iii) punishments have also been provided for the use of illegal arms and emmunition and death penalty has been. provider if such use causes death. 2. The Bill seeks to replace the aforesaid Ordinance.- See Gaz. of India 1-8-1988, Pt. II S.2, Ext.p 3 (No36).
An Act to consolifdate and amed the law realting to arms and ammunition. BE it enacted by Parliament in the Tenth Year of the Republic of India as Follows
CHAPTER 01: PRELMINARY
SECTION 01: SHORT TITTE, EXTENT AND COMMENCEMENT
- (1) Thu Act may be called The Arms Act, l959.
(2) It extends1to the whole of India.
(3) It shall come into force on such date2as the Central Goverment may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS AND INTERPRETATION
- (1) 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 firearm, and includes-
(i) rockets, bombs, grenades, shells5[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 rubes,
(vi) parts of, and machinery for manufacturing, ammunition, and
(vii) such ingredients of ammunition as the Central Government may, by notification in the Official Gazette, specify in this behalf;
(c) '"arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharp-edged and other deadly weapons and parts of, and machinery for manufacturing arms, but does not include articles designed-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 of being converted into serviceable weapons;
3[(d) "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 th6- State Government in this behalf in relation to such area or part;]
(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-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing,
(ii) accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof,
(iii) parts of, and machinery for manufacturing, firearms, and
(iv) carriages, platforms and appliances for mounting, transporting and serving artillery:
(f) "licensing authority" means an officer or authority empowered to grant or renew licences under rules made under this Act, and includes the Government;
4[(ff) "magistrate" means an Executive Magistrate underthe Code of Criminal Procedure, 1973-.]
(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,6[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 missiles 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 inSection 21 of the Indian Penal Code-;
(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 this 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.
CHAPTER 02: ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION
SECTION 03: LICENCE FOR A ACQUISITION AND POSSESSIONOF FIREARMS AND AMMUNITION. AMMUNITION.--
7[(1)] No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: Provided that a person may, without himself holding a licence, carry any; firearm or ammunition in the presence, or under the written authority, of the holder of the.dicence for repair cr for renewal of the licence or for use by such holder.
7(2) 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 or 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 conitions prescribed, for the purposes of sub-section (1) ofsection 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 rifie club or rifle assooiation licensed or recognised by the Central Goverment using a point 22 bore rifle or an air rifle for target practice.
(4) The provisions of sub-section (2) to (6) (both inclusive) ofsection 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.]
SECTION 04: LICENCE FOR ACQUISITION AND POSSESSION OF ARMS OF SPECIFIED DESCRIPTION IN CERTAIN CASES
- If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or .carrying of arms other than firearms should also be regulated, it may, by notification8in the Official Gazette, direct that this section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf 'a licence 'issued in accordance with the provisions of this Act and the rules made thereunder.
SECTION 05: LICENCE FOR MANUFACTURE; SALE, ETC., OF ARMS AND AMMUNITION
- 9((l)] No person shall-
(a)11[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 firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:10[x x x]
9[(2) Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf sell or transfer any arms. or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act, or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition: Provided that no firearm or ammunition in respect of which a licence is required undersection 3-and no arms in respect of which a licence is required undersection 4-shall be so 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 ot 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].
SECTION 06: LICENCE FOR THE SHORTENING OF GUNS OR CONVERSION OF IMITATION FIREARMS INTO FIREARMS
- No person shall shorten the barrel of a firearm or convert an imitation firearm into afirearm unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.
SECTION 07: 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)12[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 or proof; any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.
SECTION 08: PROHIBITION OF SALE OR TRANSFER OF FIREARMS NOT BEARING IDENTIFICATION MARKS
(1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm.
(2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government.
(3) Whenever any person has in his possession any firearm without such name, number or other identification mark or 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 firearm without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this sub-section shall not take effect until alter the expiration of one year from such commencement.
SECTION 09: PROHIBITION OF ACQUISITION OR POSSESSION BY, OR OF SALE OR TRANSFER TO, YOUNG PERSONS AND CERTAIN OTHER PERSONS OF FIREARMS, ETC
(1) Notwithstanding anything in the foreoing provisions of this Act,
(a) no person,-
(i) who has not completed the age of13[twenty-one years], or
(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for13[any term], at any time during a period of five years after the expiration of the sentence, or
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