INDIAN ARMS RULES 1962
License for target practice
Where a license in Form VI has
been granted in the name of any military mess, club or association,
it shall be lawful for any member of such mess, club of
association to use the fire-arms or ammunition covered by
such license for the purpose of the mess, club or association
in accordance with the conditions of the license.
Age limit for training and target practice
Any person below
the age of sixteen years but not below the age of twelve
years may be allowed to use a fire-arm for the purpose of
training in the use of such fire-arm in the immediate presence,
or under the direct supervision and guidance of an adult
instructor or the licensee:
Provided that no person below the age of sixteen years shall
be allowed carry and firearm requiring a licence, in a public
place, except in the immediate presence and supervision
of the person who is lawfully entitled to carry such firearm.
Explanation – for the purposes of this rule, and
“adult” means a person who has completed the age of twenty
See Sec. 9.
“May” and “shall”- Where the Legislature uses the words
“may” and “shall” together in two different parts of the
same provision, prima facie it would appear that Legislature
manifested its intention to make one part directory and
another mandatory. But that by itself may not be decisive.
The power of the Court, however, to ascertain the real intention
of the Legislature by carefully examining the scope of the
statute to find out whether the provision is directed by
mandatory, remains unimpaired.
Traveler’s (temporary) license
to the provisions of rule 8, a license in Form VIII may
be granted to any bona fide traveler, proceeding from the
place of his arrival of arms or ammunition for the duration
of the journey, by the licensing authority at the place
(2) A copy of
every such license shall be forthwith sent to the District
Magistrate having jurisdiction over the place of destination
of the licensee; such authority shall satisfy himself, when
necessary, that the licensee has complied with Condition
7 entered on the form of the license.
Application of Sec. 4 of the Act
In any area specified in the notification issued by the
Central Government under Sec. 4, licenses for acquisition,
possession or carrying in that area of arms of such class
or description as may be specified in that notification
may also be granted or renewed as provided in
Sch, II, subject to such conditions as are specified in
that schedule and in the license.
See also rule 81 of
the Defense of India Rules, 1962.
Arms other than fire arms
Unless the Central or State Government by notification in
the Official Gazette so directs, no license shall be required
for the manufacturer, sale, possession for sale or test,
of arms of category V except in the areas notified under
See also rule 81 of the Defense of India Ruled, 1962.
Manufacture, conversion, shortening, repair, test,
sale etc. of arms or ammunition
(1) The licensing
authority while granting a license in Form IX shall show
clearly in the license form:
The categories and description of the arms or ammunition
covered by the license;
The transactions permitted in present of the different categories
of arms or ammunition, and
omit and transactions
or categories of arms or ammunition, not covered by the
(2) A copy of
every license granted in Form IX by an authority other than
the District Magistrate of the place of business, factor
or shop of the licensee shall forthwith be sent to that
that the Collector being the licensing authority under rule
26, and therefore, vested with a quasi-judicial power is
not entitled to delegate his power to any other authority
is without any force. Sec. 17 of the Arms Act vests the
Government with the power to make rules to determine the
authorities to grant the licenses. In exercise of that power,
the Government have framed rules prescribing the licensing
authority under rule 26. The very same rule confer upon
the licensing authority the power of grant, renew or refuse
to grant a license, or in his discretion refer any application
for orders to the Government. The rule being one made under
an Act must be deemed to form in integral part of the status
itself. Where such rules themselves in terms vest the licensing
authority with a discretion to refer an application for
the orders of the Government it cannot be said that such
a reference is void of legal authority of illegal as constituting
a delegation of a power which should not be delegated.
Conversion, repair, text, sale, etc
(1) Where a
license is granted in Form IX or Form XI for conversion
or repair, but not manufacture, of any category of fire-arms
or ammunition, it entitles the licensee to fabricate components
or parts for the purpose of conversion or repair of such
fire-arms or ammunition but to manufacture such components
or parts to be utilized for assembling into complete fire-arms
or ammunition of any category which he is not allowed to
(2) (a) A
license in Form XI shall not entitle the dealer to shorten
a fire arm or to convert an imitation fire-arm into a fire-arms,
unless he has a licence in Form IX showing specifically
that he is permitted to shorten a fire-arm or convert an
imitation fire-arm into a fire-arm.
Under no circumstances shall a dealer shorten the barrel
of a rifle or smooth born gun so that the resultant becomes
less than 20 inches.
The detail of the cases in which barrels are shortened and
imitation fire-arms are converted into fire-arms shall be
reported every month to the District Magistrate, in such
form, any, as may be required.
(3) A dealer
having a licence in Form XI, Form XII or Form XIII to repair
or test or to sell fire-arms or ammunition shall not take
the fire-arms or ammunition for testing range or other place,
unless specifically permitted to do so by his licence, and
he shall carry out tests only in such manner and subject
to such conditions as are laid down therein.
(4) Where a licence
is granted in Form IX or Form XI for conversion of ammunition,
It shall not entitle the licensee to convert blank cartridges
or any ammunition having no projectile into single multiple
project ammunition or to load any ammunition.
See Secs. 5 and 6.
Proof testing of firearms
(1) Proof testing
of firearms manufactured by a licensed dealer shall be carried
out only in accordance with the regulations which may be
framed by the Central Government or framed by such authorities
as the Central Government may specify in this behalf and
approved by that Government.
(2) No dealer
shall sell a firearm which has not been duly proof-tested.
Licensing authorities to furnish
information to the District Magistrate
A copy of every licence
granted in any form by any authority other than a District
Magistrate shall be sent forthwith to the District Magistrate
having jurisdiction over the area in which the place of
business or residence of the licensee in situated.
This rule enjoins
upon the licensing authority to furnish information of granting
of licence to the District Magistrate.
Sale or keeping for sale certain arms and ammunition
The State Government or in the ‘State of [Tamil Nadu], Andhra
Pradesh or Kerala, the Board of Revenue, may, by licence
granted by it in form XI or form XII, authorize selected
dealers to sell or keep for sale a specified amount of ammunition
of category I (c).
A dealer possessing a licence in form IX, form XI or form
XII shall not sell or transfer any arms or ammunition of
category I (b) or I (c) to any person, unless the acquisition
or possession of such arms or an ammunition is expressly
permitted in his licence or in his certificate of exemption.