(1) An application for the grant of a licence under Chapter
II shall be made to the licensing authority and shall be in
such form, contain such particulars and be accompanied by
such fee, if any, as may be prescribed.
(2) On receipt of an application, the licensing authority,
after making such inquiry, if any, as it may consider necessary,
shall, subject to the other provisions of this Chapter, by
order in writing either grant the licence or refuse to grant
(3) The licensing authority shall grant---
(a) a licence under section 3 where the licence is required---
(i) by a citizen of India in respect of a smooth bore gun
having a barrel of not less than twenty inches in length to
be used for protection or sport or in respect of a muzzle
loading gun to be used for bona fide crop protection:
Provided that where having regard to the circumstances of
any case, the licensing authority is satisfied that a muzzle
loading gun will not be sufficient for crop protection, the
licensing authority may grant a licence in respect of any
other smooth bore gun as aforesaid for such protection, or
(ii) in respect of a point 22 bore rifle or an air rifle to
be used for target practice by a member of a rifle club or
rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence
under section 4, section 5, section 6, section 10 or section
12, if the licensing authority is satisfied that the person
by whom the licence is required has a good reason for obtaining
(1) Notwithstanding anything in section 13, the licensing
authority shall refuse to grant---
(a) a licence under section 3, section 4 or section 5 where
such licence is required in respect of any prohibited arms
or prohibited ammunition;
(b) a licence in any other case under Chapter II,---
(i) where such licence is required by a person whom the licensing
authority has reason to believe---
(1) to be prohibited by this Act or by any other low for the
time being in force from acquiring, having in his possession
or carrying any arms or ammunition, or
(2) to be of unsound mind, or
(3) to be for any reason unfit for a licence under this Act;
(ii) where the licensing authority deems it necessary for
the security of the public peace or for public safety to refuse
to grant such licence.
(2) The licensing authority shall not refuse to grant any
licence to any person merely on the ground that such person
does not own or possess sufficient property.
(3) Where the licensing authority refuses to grant a licence
to any person it shall record in writing the reasons for such
refusal and furnish to that person on demand a brief statement
of the same unless in any case the licensing authority is
of the opinion that it will not be in the public interest
to furnish such statement.
and renewal of licence
(1) A licence under section 3 shall, unless revoked earlier,
continue in force for a period of three years from the date
on which it is granted.:
Provided that such a licence may be granted for a shorter
period if the person by whom the licence is required so desires
or if the licensing authority for reasons to be recorded in
writing considers in any case that the licence should be granted
for a shorter period.
(2) A licence under any other provision of Chapter II shall,
unless revoked earlier, continue in force for such period
from the date on which it is granted as the licensing authority
may in each case determine.
(3) Every licence shall, unless the licensing authority for
reasons to be recorded in writing otherwise decides in any
case, be renewable for the same period for which the licence
was originally granted and shall be so renewable from time
to time, and the provisions of sections 13 and 14 shall apply
to the renewal of a licence as they apply to the grant thereof.
etc. for licence
The fees on payment of which, the conditions subject to which
and the form in which a licence shall be granted or renewed
shall be such as may be prescribed:
Provided that different fees, different conditions and different
forms may be prescribed for different types of licences:
Provided further that a licence may contain in addition to
prescribed conditions such other conditions as may be considered
necessary by the licensing authority in any particular case.
suspension and revocation of licences
(1) The licensing authority may vary the conditions subject
to which a licence has been granted except such of them as
have been prescribed and may for that purpose require the
licence-holder by notice in writing to deliver-up the licence
to it within such time as may be specified in the notice.
(2) The licensing authority may, on the application of the
holder of a licence, also vary the conditions of the licence
except such of them as have been prescribed.
(3) The licensing authority may by order in writing suspend
a licence for such period as it thinks fit or revoke a licence,---
(a) if the licensing authority is satisfied that the holder
of the licence is prohibited by this Act or by any other law
for the time being in force, from acquiring, having in his
possession or carrying any arms or ammunition, or is of unsound
mind, or is for any reason unfit for a licence under this
(b) if the licensing authority deems it necessary for the
security of the public peace or for public safety to suspend
or revoke the licence; or
(c) if the licence was obtained by the suppression of material
information or on the basis of wrong information provided
by the holder of the licence or any other person on his behalf
at the time of applying for it; or
(d) if any of the conditions of the licence has been contravened;
(e) if the holder of the licence has failed to comply with
a notice under sub-section (1) requiring him to deliver-up
(4) The licensing authority may also revoke a licence on the
application of the holder thereof.
(5) Where the licensing authority makes an order varying a
licence under sub-section (1) or an order suspending or revoking
a licence under sub-section (3), it shall record in writing
the reasons therefor and furnish to the holder of the licence
on demand a brief statement of the same unless in any case
the licensing authority is of the opinion that it will not
be in the public interest to furnish such statement.
(6) The authority to whom the licensing authority is subordinate
may by order in writing suspend or revoke a licence on any
ground on which it may be suspended or revoked by the licensing
authority; and the foregoing provisions of this section shall,
as far as may be, apply in relation to the suspension or revocation
of a licence by such authority.
(7) A court convicting the holder of a licence of any offence
under this Act or the rules made thereunder may also suspend
or revoke the licence:
Provided that if the conviction is set aside on appeal or
otherwise, the suspension or revocation shall become void.
(8) An order of suspension or revocation under sub-section
(7) may also be made by an appellate court or by the High
Court when exercising its powers of revision.
(9) The Central Government may, by order in the Official Gazette,
suspend or revoke or direct any licensing authority to suspend
or revoke all or any licences granted under this Act thought
India or any part thereof.
(10) On the suspension or revocation of a licence under the
section the holder thereof shall without delay surrender the
licence to the authority by whom it has been suspended or
revoked or to such other authority as may be specified in
this behalf in the order of suspension or revocation.
(1) Any person aggrieved by an order of the licensing authority
refusing to grant a licence or varying the conditions of a
licence or by an order of the licensing authority or the authority
to whom the licensing authority is subordinate, suspending
or revoking a licence may prefer an appeal against that order
to such authority (hereinafter referred to as the appellate
authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by,
or under the direction of, the Government.
(2) No appeal shall be admitted if it is preferred after the
expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of
the period prescribed therefor if the appellant satisfies
the appellate authority that he had sufficient cause for not
preferring the appeal within that period.
(3) The period prescribed for an appeal shall be computed
in accordance with the provisions of the Indian Limitation
Act, 1908 (9 of 1908.), with respect to the computation of
periods of limitation thereunder.
(4) Every appeal under this section shall be made by a petition
in writing and shall be accompanied by the brief statement
of the reasons for the order appealed against where such statement
has been furnished to the appellant and by such fee as may
(5) In disposing of an appeal the appellate authority shall
follow such procedure as may be prescribed:
Provided that no appeal shall be disposed of unless the appellant
has been given a reasonable opportunity of being heard.
(6) The order appealed against shall, unless the appellate
authority conditionally or unconditionally directs otherwise,
be in force pending the disposal of the appeal against such
(7) Every order of the appellate authority confirming, modifying
or reversing the order appealed against shall be final.
Power to demand production of licence, etc
(1) Any police officer or any other officer specially empowered
in this behalf by the Central Government may demand the production
of his licence from any person whom is carrying any arms or
(2) If the person upon whom a demand is made refuses or fails
to produce the licence or to show that he is entitled by virtue
of this Act or any other law for the time being in force to
carry such arms or ammunition without a licence, the officer
concerned may require him to give his name and address and
if such officer considers it necessary, seize from that person
the arms or ammunition which he is carrying.
(3) If that person refuses to give his name and address or
if the officer concerned suspects that person of giving a
false name or address or of intending to abscond, such officer
may arrest him without warrant.
Arrest of persons conveying arms, etc.,
under suspicious circumstances
Where any person is found carrying or conveying any arms or
ammunition whether covered by a licence or not, in such manner
or under such circumstances as to afford just grounds of suspicion
that the same are or is being carried by him with intent to
use them, or that the same may be used, for any unlawful purpose,
any magistrate, any police officer or any other public servant
or any person employed or working upon a railway, aircraft,
vessel, vehicle or any other means of conveyance, may arrest
him without warrant and seize from him such arms or ammunition.
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 licence or of the suspension or revocation
of a licence or by the issue of a notification under section
4 or by any reason whatever, ceased to be lawful, shall without
unnecessary delay deposit the same either with the officer
in charge of the nearest police station or subject to such
conditions as may be prescribed, with a licensed dealer or
where such person is a member of the armed forces of the Union,
in a unit armoury.
Explanation.---In this sub-section "Unit armoury"
includes an armoury in a ship or establishment of the Indian
(2) Where arms or ammunition have or has been deposited under
sub-section (1), the depositor or in the case of his death,
his legal representative, shall, at any time before the expiry
of such period as may be prescribed, be entitled---
(a) to receive back anything so deposited on his becoming
entitled by virtue of this Act or any other law for the time
being in force to have the same in his possession, or
(b) to dispose, or authorise the disposal, of anything so
deposited by sale or otherwise to any person entitled by virtue
of this act or any other law for the time being in force to
have, or not prohibited by this act or such other law from
having, the same in his possession and to receive the proceeds
of any such disposal:
Provided that nothing in this sub-section shall be deemed
to authorise the return or disposal of anything of which confiscation
has been directed under section 32.
(3) All things deposited and not received back or disposed
of under sub-section (2) within the period therein referred
to shall be forfeited to Government by order of the district
Provided that in the case of suspension of a licence no such
forfeiture shall be ordered in respect of a thing covered
by the licence during the period of suspension.
(4) Before making an order under sub-section (3) the district
magistrate shall, by notice in writing to be served upon the
depositor or in the case of his death, upon his legal representative,
in the prescribed manner, require him to show cause within
thirty days from the service of the notice why the things
specified in the notice should not be forfeited.
(5) After considering the cause, if any, shown by the depositor
or, as the case may be, his legal representative, the district
magistrate shall pass such order as he thinks fit.
(6) The Government may at any time return to the depositor
or his legal representative things forfeited to it or the
proceeds of disposal thereof wholly or in part.
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 or ammunition
for any unlawful purpose, or
(b) that such person cannot be left in the possession of any
arms or ammunition without danger to the public peace or safety,
the magistrate may, after having recorded the reasons for
his belief, cause a search to be made of the house or premises
occupied by such person or in which the magistrate has reason
to believe that such arms or ammunition are or is to be found
and may have such arms or ammunition, if any, seized and detain
the same in safe custody for such period as he thinks necessary,
although that person may be entitled by virtue of this Act
or any other law for the time being in force to have the same
in his possession.
(2) Every search under this section shall be conducted by
or in the presence of a magistrate or by or in the presence
of some officer specially empowered in this behalf by the
of vessels, vehicles 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 whether any contravention of this
Act or the rules made there under is being or is likely to
be committed, stop and search and vessel, vehicle or other
means of conveyance and seize any arms or ammunition that
may be found therein along with such vessel, vehicle or other
means of conveyance.
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 entitled by virtue of this Act or any
other law for the time being in force to have the same in
his possession, and may detain the same for such period as
it thinks necessary for the public peace and safety.