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INDIAN ARMS ACT 1959

CHAPTER V
OFFENCES AND PENALTIES

25. Punishment for certain offences

(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or

(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or

(d) brings into, or takes out of, indya ,any arms or ammunition f any class or discription in contravention of section 11,

shall be punishable with imprisonment for a tram with shall not be less than three years but with may extend to seven years and shall also be liable to fine.

(1-A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section seven shall be punishable with imprisonment for awith term witch shall not be less than five years but which may extend to ten years and shall also be liable to fine.

(1-AA) whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than fine years, but which may extend to imprisonment for life and shall also be liable to fine.

(1-AAA) whoever has in contravention of a notification issued under section 24-A in his possesssio n or in contravention of a notification issued under section 24-B carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than (three years,but which may extand to seven years) and shall also be liable to fine.

(1-B) Whoever---

(a) acquires,has in his possession or carries any firearm or ammunition in cotravention of section 3;or

(b) acquires,has in his possession or carries in any place specified by notifiction under section 4 any arms of such class or description as has been specified in that notification in cotravention of that section; or

(c) sells or transfers any firearm which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon as required by sub-section (2) of section 8 or does any act in contravention of sub-section (1) of that section; or

(d) being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or

(e) sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause (b) of sub-section (1) of section 9; or

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

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

(h) fails to deposit arms or ammunition as required by sub-section (2) of section 3, or sub section (1) of section 21;or

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

shall be punishable with imprisonment for a term which shall not be less than (one years) but which may extend to three years and shall also be liable to fine: provided that the court may for any adequateand special reasons to be recorded in the judgment impose sentance of imprisonment for a term of less than (one years)

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

explation.--- for the purposes of this sub section," disturbed area" means any area declared to be a disturbad area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order,and includes any areas spacified by notification under section 24-A or section 24-B.)

(2) Whoever being a person to whom sub-clause (i) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to one years, or with fine, or with both.

(3) Whoever sells or transfers any firearm, ammunition or other arms---

(i) without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station, of the intended sale or transfar of that firearm, ammunition or other arms;or

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

in contravention of the provisions of clause (a) or clause (b) of the proviso to sub section (2) of section 5, shall be punishable with imprisonment for a term which may extand to six month,or with fine of an amount which may extend to five hundred rupess,or with both.

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

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

26. Secret contraventions

(a) Whoever does any act in contravention of any of the provisions of sections 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall punishable with imprisonmet for a term whichshall not be less than five your but which may extend to ten years and shall also be liable to fine.

(2) whoever does any act in contravention of any of the provision of section 5,6,7 or 11 in such manner as to indicate an intention that such act may not be Known to any public servent or to any person employed or working upon a railway aircraft ,vessel, vehicle or any other means of conveyance shall be punishable with imprisonment for a term which shall not be less than five years but which may extand to ten years and also with fine.

(3) whover on any search being made under sectiion 22 conceals or attempts to conceal any arms or ammunition, shall be punishable with imprisonment for a term which may extand to ten years and also with fine.


27. Punishment for possessing arms, etc., with intent to use them for unlawful purpose

(1) whoever uses any arms or ammunition in cotravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

(2) whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extand to imprisonment for life and shall also be liable to fine.

(3) whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death.

28. Punishment for use and possession of firearms or imitation firearms in certain cases.

Whoever makes or attempts to make any use whatsoever of a firearm or an imitation fire arm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years
(and with fine).

explanaton.--- in this section the expression " imitation firearm " has the same meaning as in section 6.

29. Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same

Whoever---

(a) purchases any firearms or any other arms of such class or description as may be prescribed or any ammunition from any other person knowing that such other person is not licensed or authorised under section 5; or

(b) delivers any arms or ammunition into the possession of another person without previously ascertaining that such other person is entitled by virtue of this Act or any other law for the time being in force to have, and is not prohibited by this Act or such other law from having, in his possession the same;

shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.

30. Punishment for contravention of licence or rule

Whoever contravenes any condition of a licence or any provision of this Act or any rule made thereunder, for which no punishment ais provided elsewhere in this act shall be punishable with imprisonment for a term which may extend to (six month) , or with fine which may extend to (two hundred) rupees, or with both.

31.   Punishment for subsequent offences

whoever having been convicted of an offence under this act is again convicted of an offence under this act shall be punishable with double the penalty provided for the letter offence.
 

32. Power to confiscate

(1) When any person is convicted under this Act of any offence committed by him in respect of any arms or ammunition, it shall be in the discretion of the convicting court further to direct that the whole or any portion of such arms or ammunition, and any vessel, vehicle or other means of conveyance and any receptacle or thing containing, or used to conceal,the arms or ammunition shall be confiscated:

provided that if the conviction is set aside on appeal or otherwise, the order of confiscation shall become void.

(2) An order of confiscation may also be made by the appellate court or by the High Court when exercising its powers of revision. 

33.   Offences by companies

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

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) notwithstanding anything contained in sub section (1) where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglact on the part of, any director,managar,secretary or other officer shall also be deemed to be quilty of that offence and shall be liable to be proceeded against and punished accordingly .

explanation .---for the purposes of this section---

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

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



INDIAN ARMS ACT 1959

CHAPTER VI
MISCELLANEOUS

34. Sanction of Central Government for warehousing of arms.---

Notwithstanding anything contained in the Customs Act, 1962 (52 of 1962) no arms or ammunition shall be deposited in any ware house licensed under section 58 of that Act without the sanction of the Central Government.

35. Criminal responsibility of persons in occupation of premises in certain cases.---

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

36. Information to be given regarding certain offences

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

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

 

37. Arrest and searches

Save as otherwise provided in this Act,---

(a) all arrests and searches made under this Act or under any rules made thereunder shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating respectively to arrests and searches made under that Code;

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

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

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

 

38. Offences to be cognizable

Every offence under this Act shall be cognizable within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974).
 

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.

 

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 the Official Gazette and subject to such conditions, if any, as it may specify in the notification,---

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

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

 

42.   Power of 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 Government to take such census.

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

 

43. Power to delegate

(1) The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under section 41 or the power under section 44 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by---
(a) such officer or authority subordinate to the Central Government, or

(b) such State Government or such officer or authority subordinate to the State Government,
1
as may be specified in the notification.

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

 

44.   Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---

(a) the appointment, jurisdiction, control and functions of licensing authorities (including the areas and the categories of arms and ammunition for which thay may grant licences;

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

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

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

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

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

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

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

(i) the authority to whom appeals may be preferred under section 18, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the refund of such fees;

(j) the maintenance of records or accounts of anything done under a licence other than a licence under section 3 or section 4, the form of, and the entries to be made in, such records or accounts and the exhibition of such records or accounts to any police officer or to any officer of Government empowered in this behalf;

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

(1) the conditions subject to which arms or ammunition may be deposited with a licensed dealer or in a unit armoury as required by sub-section (1) of section 21 and the period on the expiry of which the things so deposited may be forfeited;

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

(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforsaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

45.   Act not to apply in certain cases.

Nothing in this act shall apply to---

(a) arms or ammunition on board any sea-going vessel or any aircraft and forming part of the ordinary armament or equipment of such vessel or aircraft;

(b) acquisition, possession or carrying, the manufacture, repair, conversion, test or proof, the sale or transfer or the import, export or transport of arms or ammunition---

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

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

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

(c) any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a Firearm either or without repair;

(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used alongwith complementary parts acquired or possessed by that or any other person.

46.   Repeal of Act 11 of 1878

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

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


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