(1) This Act may be called the Arms Act, 1959.

(2) It extends to the whole of India. 1

(3) It shall come into force on such date 2 as the Central Government may, by notification in the Official Gazette, appoint.

(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, shells 3 [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 tubes,

( 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;

Notes Ingredients of ammunition: 4

( i ) lead, sulphur, saltpetre, and sodium azide;

( ii ) chlorates and per chlorates;

( iii ) fissionable material; and

( iv ) asphyxiating, poisonous, irritant or other gases and analogous liquid, materials or devices which are not used in any bona fide industrial process in India.

( 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;

5 [( 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 the 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;

6 [( ea ) licence means a licence issued in accordance with the provisions of this Act and rules made thereunder and includes a licence issued in the electronic form;]

( f ) licensing authority means an officer or authority empowered to grant or renew licences under rules made under this Act, and includes the Government;

7 [( ff ) magistrate means an Executive Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974);]

( 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, 8 [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 ) 9 Ammunition for any of the prohibited arms, articles designed for land mining and ammunition containing or designed or adapted to contain any fissionable material or any noxious liquid, gas or other such things.

( ii ) 10 Any multiple projectile ammunition in which any projectile has a dimension of 5 mm. or more to be prohibited ammunition within the meaning of the said clause.

Exemption granted subject to conditions:

11 The licensed dealers and other licensees possessing any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more, which has been declared to be prohibited ammunition vide the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 375(E), dated the 21st June, 1980 exempted from the operation of the provisions of Section 7 of that Act subject to the following conditions, namely:

( a ) that the persons or class of persons exempted under this notification shall make a declaration about the quantity of abovesaid prohibited ammunition within one month from the date of publication of this notification in the Official Gazette to the Officer-in-charge of the nearest Police Station or where the prohibited ammunition is in possession of a member of the Armed Forces of the Union, to a Unit Armoury; and

( b ) that the abovesaid prohibited ammunition shall not be sold or offered for consideration of anybody and the same shall be got converted into number cartridges within period of four years from the date of publication of this notification in the Official Gazette.

( 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;

Notes Additional prohibited arms 12 :

Hand grenades, riot pistols, firearms for discharging projectiles by atomic energy, cannon, mortars and other ordnance and machine-guns, all carriages, accessories and appliances for mounting, transporting and serving the same.

( j ) public servant has same meaning as in Section 21 of the Indian Penal Code (45 of 1860);

( 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 reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.

ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION

13 [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 licence for repair or for renewal of the licence or for use by such holder.

14 [(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 15 [two 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 conditions prescribed for the purposes of sub-section (1) of Section 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:

16 [Provided that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of Section 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 after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:

Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.]

(3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.

(4) The provisions of sub-sections (2) to (6) (both inclusive) of Section 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 arm or ammunition under sub-section (1) of that section.]

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 notification in 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.

In the State of Delhi 17 :

Having regard to the circumstances prevailing in the Union Territory of Delhi it is necessary and expedient in the public interest that the acquisition, possession and carrying of spring-actuated-knives with a blade of any size in public place should be regulated.

Section 4 shall apply to the said territory with effect from the date of publication of this Notification in the Delhi Gazette in respect of the acquisition, possession and carrying of the said weapons in public place only.

In the State of Haryana 18 :

Section 4 shall apply to the whole of the State of Haryana with respect to knives with blades longer than 6 inches and all spring-actuated (Kamanidar) knives. Accordingly no person shall acquire, keep in his possession or carry such knives unless he holds in this behalf a licence issued in accordance with the provision of the Arms Act, 1959 and the rules made thereunder.

In the State of Rajasthan :

19 ( i ) The State Government of Rajasthan hereby directs that the said section shall apply from the date of publication of this notification in the Rajasthan Gazette to all places in the State of Rajasthan in respect of distribution, acquisition, possession or carrying of double or multi-bladed sharp or pointed weapon except in religious institution as defined in Section 2( f ) of the Religious Institutions (Prevention of Misuse) Act, 1988 (Act No. 41 of 1988) and in traditional religious functions and religious procession where such weapon is customarily used.

20 ( ii )

21 ( iii )

In the State of Uttar Pradesh :

( i ) 22 Section 4 shall with effect from the date of publication of this notification in the Official Gazette apply in respect of arms specified in the said Schedule I to the areas mentioned in the said Schedule II.

Knives with blades longer than 10-16 centimetres other than knives primarily designed for industrial, agricultural or domestic purposes, Swords, Sword-sticks, Spears, Spearheads, Ballams, Kantas, Karaulis, Daggers, Pharsas, Bhujalies, Bayonets and Gandasas other than Gandasas of the type ordinarily used for domestic purposes:

District in which the area is situated	Area
Basti	Whole District

( ii ) 23 Section 4 of the said Act with effect from the date of publication of this notification in the Official Gazette apply to the area of the whole of the State of Uttar Pradesh with respect to Swords, Sword-sticks, Spears, Spearheads, Ballams, Kantas, Karaulis, Daggers, Pharasas, Bhujalies, Bayonets, Knives with blades longer than 5 centimetres, other than those primarily designed for industrial, agricultural or domestic purposes, Gandasas other than Gandasas of the type ordinarily used for domestic purposes and trishul with blades longer than 5 centimetres:

Provided that in relation to the Rampur District, for the words Knives with blades longer than 5 Centimetre the words Knives with blades longer than 10.16 Centimetre shall be deemed to have been substituted . .

24 [(1)] No person shall

( a ) 25 [use, 26 [manufacture, obtain, procure]], 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:

27 [* * *]

28 [(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 under Section 3 and no arms in respect of which a licence is required under Section 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 or 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 other arms, and

( b ) a period of not less than forty-five days has expired after the giving of such information.]

No person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm 29 [or convert from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms] unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.

Explanation . In this section, the expression imitation firearm means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not.

No person shall

( a ) acquire, have in this possession or carry; or

( b ) 30 [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 for proof,

any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.

(1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a 31 [firearm or ammunition].

(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 after the expiration of one year from such commencement.

(1) Notwithstanding anything in the foregoing provisions of this Act,

( a ) no person,

( i ) who has not completed the age of 32 [twenty-one] years, or

( ii ) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for 33 [any term], at any time during a period of five years after the expiration of the sentence, or

( iii ) who has been ordered to execute under Chapter VIII of the 34 [Code of Criminal Procedure, 1973 (2 of 1974)], a bond for keeping the peace or for good behaviour, at any time during the term of the bond,

shall acquire, have in his possession or carry any firearm or ammunition;

( b ) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe

( i ) to be prohibited under clause ( a ) from acquiring, having in his possession or carrying any firearm or ammunition, or

( ii ) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof.

(2) Notwithstanding anything in sub-clause ( i ) of clause ( a ) of sub-section (1), a person who has attained the prescribed age limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms:

Provided that different age limits may be prescribed in relation to different types of firearms.

(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 licence issued in accordance with the provisions of this Act and the rules made thereunder:

Provided that

( a ) a 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 any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition in reasonable quantities for his own private use;

( b ) person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose.

Explanation . For purposes of clause ( b ) of this proviso, the word tourist means a person who not being a citizen of India visits India for a period not exceeding six months with no other object than recreation sightseeing, or participation in a representative capacity in meetings convened by the Central Government or in international conferences, associations or other bodies.

Notes List of countries for the purposes of this clause 35 : The following countries have been specified for the purposes of this clause, namely:

(1) Aden, (2) Afghanistan, (3) Albania, (4) Algeria, (5) Argentina, (6) Austria, (7) Australia, (8) Bhutan, (9) Bolivia, (10) Belgium, (11) Brazil, (12) Bulgaria, (13) Burma, (14) Cambodia, (15) Cameroons, Republic of, (16) Canada, (17) Central African Republic, (18) Ceylon, (19) Chad, (20) Chile, (21) Colombia, (22) Congo (Brazzaville), Republic of, (23) Congo, (24) Costa Rica, (25) Cuba, (26) Cyprus, (27) Czechoslovakia, (28) Dahomey, (29) Denmark, (30) Domonican Republic, (31) East Africa (British), (Kenya, Uganda and Zanzibar), (32) Ecuador, (33) El Salvador, (34) Ethiopia, (35) Fiji, (36) Finland, (37) France, (38) Gabon, (39) Guatemala, (40) Germany, Federal Republic of, (41) Ghana, (42) Greece, (43) Guinea, (44) Haiti, (45) Honduras, (46) Hong Kong, (47) Hungary, (48) Indonesia, (49) Iran, (50) Iraq, (51) Ireland, (52) Italy, (53) Ivory Coast, (54) Japan, (55) Jordon, (56) Kuwait, (57) Laos, (58) Lebanon, (59) Liberia, (60) Luxemburg, (61) Madagascar, (62) Malaya, (63) Mali, (64) Mauritius, (65) Mexico, (66) Mongolia, (67) Morocco, (68) Muscat, (69) Nepal, (70) Netherlands, (71) New Zealand, (72) Nicaragua, (73) Nigeria, (74) Norway, (75) Panama, (76) Paraguay, (77) Peru, (78) Philippines, (79) Poland, (80) Rhodesia, and Nyasaland Federation of, (81) Rumania, (82) Rwanda Urundi, (83) Saudi Arabia, (84) Sengel, (85) Sierra Leone, (86) Sikkim, (87) Singapore, (88) Somalia, (89) South Africa, (90) Spain, (91) Sudan, (92) Surinam, (93) Sweden, (94) Switzerland, (95) Syria, (96) Tanganyika, (97) Thailand, (98) Togo, (99) Tunisia, (100) Turkey, (101) Uganda, (102) Union of Soviet Socialistic Republics, (103) United Arab Republic, (104) United States of America, (105) United Kingdom, (106) Upper Volta, (107) Uruguay, (108) Vatican, (109) Venezuela, (110) Vietnam (North), (111) Vietnam (South), (112) West Indies and British Guiana (Trinidad, Tobago), (113) Yugoslavia.

(2) Notwithstanding anything contained in the proviso to sub-section (1), where the [Commissioner of Customs] 36 or any other officer empowered by the Central Government in this behalf has any doubt as to the applicability of clause ( a ) or clause ( b ) of that proviso to any person who claims that such clause is applicable to him, or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition may be put by such person, may detain the arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto.

(3) Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming a part of India, are taken out of, and brought into, India within the meaning of this section.

The Central Government may, by notification in the Official Gazette, prohibit the bringing into, or taking out of India, arms or ammunition of such classes and descriptions as may be specified in the notification.

Notes Prohibition on import or export of arms or ammunition 37 : Any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more.

(1) The Central Government may, by notification in the Official Gazette

( a ) direct that no person shall transport over India or any part thereof arms or ammunition of such classes and descriptions as may be specified in the notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder; or

( b ) prohibit such transport altogether.

(2) Arms or ammunition trans-shipped at a seaport or an airport in India are transported within the meaning of this section.

PROVISIONS RELATING TO LICENCES

(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.

38 [(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2-A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]

(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 39 [firearm] 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 the same.

(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 law 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; or

( 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.

(1) A licence under Section 3 shall, unless revoked earlier, continue in force for a 40 [period of five 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:

41 [Provided further that the licence granted under Section 3 shall be subject to the conditions specified in sub-clauses ( ii ) and ( iii ) of clause ( a ) of sub-section (1) of Section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed.]

(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.

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.

(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 Act; or

( b ) if the licensing authority deems it necessary for the security of 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; or

( e ) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver up the licence.

(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 throughout India or any part thereof.

(10) On the suspension or revocation of a licence under this 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 42 (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 a 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 be prescribed.

(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 order.

(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

POWERS AND PROCEDURE

(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 who is carrying any arms or ammunition.

(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.

Where any person is found carrying or conveying any arms or ammunition whether converted 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.

(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 Navy.

(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 Magistrate:

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.

(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 Central Government.

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 thereunder is being or is likely to be committed, stop and search any 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.

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.

43 [ 24-A. Prohibition as to possession of notified arms in disturbed areas, etc . (1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area, it is necessary or expedient so to do, it may by notification in the Official Gazette

( a ) specify the limits of such area;

( b ) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from a date not earlier than the fourth day after the date of publication of the notification in the Official Gazette), every person having in his possession in such area any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms), shall deposit the same before such commencement in accordance with the provisions of Section 21 and for this purpose the possession by such person of any notified arms shall, notwithstanding anything contained in any other provision of this Act (except Section 41) or in any other law for the time being in force, as from the date of publication of such notification in the Official Gazette be deemed to have ceased to be lawful;

( c ) declare that as from the commencement of, and until the expiry of, the period specified in the notification, it shall not be lawful for any person to have in his possession in such area any notified arms;

( d ) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notification,

( i ) to search at any time during the period specified in the notification any person in, or passing through, or any premises in, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;

( ii ) to seize at any time during the period specified in the notification any notified arms in the possession of any person in such area or discovered through a search under sub-clause ( i ), and detain the same during the period specified in the notification.

(2) The period specified in a notification issued under sub-section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that Government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1).

(4) For the purposes of this section,

( a ) arms includes ammunition;

( b ) where the period specified in a notification, as originally issued under sub-section (1), is extended under sub-section (2) then, in relation to such notification, references in sub-section (1) to the period specified in the notification shall be construed as references to the period as so extended.]

44 [ 24-B. 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 of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do, it may, by notification in the Official Gazette,

( a ) specify the limits of such area;

( b ) direct that during the period specified in the notification (which period shall be a period commencing from a date not earlier than the second day after the date of publication of the notification in the Official Gazette), no person shall carry or otherwise have in his possession any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms) through or in any public place in such area;

( c ) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notification,

( i ) to search at any time during the period specified in the notification any person in, or passing through, or any premises in or forming part of, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, any public place in such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or in such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;

( ii ) to seize at any time during the period specified in the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under sub-clause ( i ), and detain the same during the period specified in the notification.

(2) The period specified in a notification issued under sub-section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that Government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.

(3) The provision of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1).

(4) For the purposes of this section,

( a ) arms includes ammunition;

( b ) public place means any place intended for use by, or accessible to, the public or any section of the public; and

( c ) where the period specified in a notification, as originally issued under sub-section (1), is extended under sub-section (2), then, in relation to such notification, references in sub-section (1) to the period specified in the notification shall be construed as references to the period as so extended.]

OFFENCES AND PENALTIES

45 [(1) Whoever

( a ) 46 [manufactures, obtains, procures,] sells, transfers, converts, repairs, tests or proves, or exposes or offers for the 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 47 [or convert from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms] in contravention of Section 6; or

( c ) 48 [* * *]

( d ) brings into, or takes out of, India, any arms or ammunition of any class or description in contravention of Section 11,

shall be punishable with imprisonment for a term which shall not be less than 49 [seven years but which may extend to imprisonment for life] and shall also be liable to fine.

50 [(1-A) Whoever acquires, has in his possession or carries 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 51 [seven years but which may extend to fourteen years] and shall also be liable to fine:

52 [Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years.]

53 [(1-AB) Whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life 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 54 [ten years] but which may extend to imprisonment for life and shall also be liable to fine.]

55 [(1-AAA)] Whoever has in contravention of a notification issued under Section 24-A in his possession 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 56 [three years, but which may extend 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 contravention of Section 3; or

( b ) acquires, has in his possession or carries in any place specified by notification under Section 4 any arms of such class or description as had been specified in that notification in contravention 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 or 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 57 [two years but which may extend to five years and shall also be liable to fine] and shall also be liable to fine:

Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than 58 [two year].

59 [(1-C) Notwithstanding anything contained in sub-section (1-B), 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.

Explanation . For the purposes of this sub-section, disturbed area means any area declared to be a disturbed 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 specified 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 year, or with fine, or with both.

60 [(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 transfer 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 extend to six months, or with fine of an amount which may extend to five hundred rupees, 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 or 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.

61 [(6) If any member of an organised crime syndicate or any person on its behalf has at any time has in his possession or carries any arms or ammunition in contravention of any provision of Chapter II shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.

(7) Whoever on behalf of a member of an organised crime syndicate or a person on its behalf,

( i ) manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, conversion, repair, test or proof, any arms or ammunition in contravention of Section 5; or

( ii ) shortens the barrel of a firearm or converts an imitation firearm into a firearm or converts from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms in contravention of Section 6; or

( iii ) brings into, or takes out of India, any arms or ammunition of any class or description in contravention of Section 11,

shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.

Explanation . For the purposes of sub-sections (6) and (7),

( a ) organised crime means any continuing unlawful activity by any person, singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person;

( b ) organised crime syndicate means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime.

(8) Whoever involves in or aids in the illicit trafficking of firearms and ammunition in contravention of Sections 3, 5, 6, 7 and 11 shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.

Explanation . For the purposes of this sub-section, illicit trafficking means the import, export, acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within the territory of India, if the firearms and ammunition are not marked in accordance with the provisions of this Act or are being trafficked in contravention of the provisions of this Act including smuggled firearms of foreign make or prohibited arms and prohibited ammunition.

(9) Whoever uses firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both.

Explanation . For the purposes of this sub-section, celebratory gunfire means the practice of using firearm in public gatherings, religious places, marriage parties or other functions to fire ammunition.]

( i ) 62 The power and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the State of Karnataka for the investigation of offences punishable under Sections 25 and 30 of the Arms Act, 1959 (Act 54 of 1959) and offences punishable under Section 5 of the Indian Explosives Act, 1884 (Act 4 of 1884) and attempts, abetments and conspiracies in relation to, or in connection with the said offences and any other offences committed in the course of the same transaction arising out of the facts.

( ii ) 63 Offences which are to be investigated by the Delhi Special Police Establishment , namely:

( a ) Offences punishable under Section 3 of the Arms Act, 1959 (54 of 1959).

( b ) Attempts, abetments and conspiracies or attempts to abet or any act preparatory to the contravention of any of the provisions of the aforesaid section or any order made thereunder, in relation to, or in connection with, the offences mentioned in clause ( a ) and any other offences committed in the course of the same transaction arising out of the same facts.

64 [(1) 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 be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and also with fine.

(2) Whoever does any act in contravention of any of the provisions of Sections 5, 6, 7 or 11 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 be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and also with fine.

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

65 [(1) Whoever uses any arms or ammunition in contravention 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 extend to imprisonment for life and shall also be liable to fine.

66 [(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, 67 [shall be punishable with imprisonment for life, or death and shall also be liable to fine]].]

Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm 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 68 [and with fine].

Explanation . In this section the expression imitation firearm has the same meaning as in Section 6.

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 69 [three years, or with fine,] or with both.

Whoever contravenes any condition of a licence or any provision of this Act or any rule made thereunder, for which no punishment is provided elsewhere in this Act, shall be punishable with imprisonment for a term which may extend to 70 [six] months, or with fine which may extend to 71 [two thousand] rupees, or with both.

Whoever having been convicted of an offence under this Act is again convicted of an offence under this Act shall be punishable within double the penalty provided for the latter offence.

(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.

(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 neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 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 of individuals; and

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

MISCELLANEOUS

Notwithstanding anything contained in the 72 [Customs Act, 1962 (52 of 1962)] no arms or ammunition shall be deposited in any warehouse licensed under Section 73 [58] of that Act without the sanction of the Central Government.

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.

(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.

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 74 [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 and 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.

Every offence under this Act shall be cognizable within the meaning of the 75 [Code of Criminal Procedure, 1973 (2 of 1974)].

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 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.

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, 76 [(either generally or in relation to such description of arms and ammunition as may be specified in the notification)], or exclude any description 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 subject, 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.

Persons Exempted 77

Persons or classes of persons		Categories/descriptions of arms and ammunition	Provisions of the Act	Conditions
1		2	3	4
1 ( a )	President of India; Governor of a State or in the case of the State of Jammu and Kashmir, the Sadar-i-Riyasat; Lt. Governors or Chief Commissioners of Union Territories.	All except I ( a ).	Those contained in Sections 3 and 4.
2 ( a )	Ruler of an Indian State having a salute of guns.	Saluting cannon; I ( b ) and I ( c ) provided that such arms and ammunition have been lawfully imported into India: III, IV, V and VI.	Those contained in Sections 3 and 4.	The exemption shall apply to the saluting cannon belonging to the ruler, subject to the conditions that ( i ) the cannon shall be so reconditioned as to restrict their use or application to the firing of salutes; ( ii ) no cannon shall be sold or exported outside the State in which the ruler ordinarily resides; and ( iii ) the cannon shall be made available for firing of salutes on ceremonial occasions in the State when firing of such salutes is necessary under any law, usage or custom for the time being in force.
( b )	Any legitimate son of such ruler who is not less than 16 years of age and has been nominated by such ruler.	I ( b ) and I ( c ), provided that such arms or ammunition have been lawfully imported into India; III, IV, V and VI.	Those contained in Sections 3 and 4.
( c )	Aides-de-Camp and/or personal bodyguards of such ruler.	I ( b ) and I ( c ), provided that such arms or ammunition have been lawfully imported into India; III, IV, V and VI.	Those contained in Sections 3 and 4.	The exemption shall apply only to the arms and ammunition belonging to the ruler and carried by such Aides-de-Camp or personal bodyguards.
( d )	Servants of such ruler, when carrying arms for, and not accompanying the ruler.	Saluting cannon; I ( b ) and I ( c ), provided that such arms or ammunition have been lawfully imported into India; III, IV, V and VI.	Those contained in Sections 3 and 4	The exemption shall apply only to the arms and ammunition belonging to the ruler and carried by such servants and shall be subject to the conditions that ( i ) the number of servants entitled to the exemption in the case of each such ruler shall not exceed 4; and ( ii ) their names shall have been specified in a general authorisation to any such ruler issued by the State Government or by the Lt. Governor or Chief Commissioner in a Union territory.
3 ( a )	Ruler of an Indian State not having a salute of guns.	I ( b ) and I ( c ), provided that such arms and ammunition have been lawfully imported in India; III, IV, V and VI.	Those contained in Sections 3 and 4.	This exemption shall be subject to such conditions (if any) as may be prescribed by the Central Government and may, where necessary, be of a general nature dispensing with the necessity of fresh order on each occasion. The exemption in respect of the saluting cannon belonging to the ruler shall be subject to the conditions that ( i ) the cannon shall be so reconditioned as to restrict their use or application to the firing of salutes; ( ii ) no cannon shall be sold or exported outside the State in which the ruler ordinarily resides; and ( iii ) the cannon shall be made available for the firing of salutes on ceremonial occasions in the State, when firing of such salutes is necessary under any law, usage or custom for the time being in force.
( b )	Aides-de-Camp and/or personal bodyguards of the ruler of an Indian State, not having a salute of guns.	Saluting cannon; I ( b ) and I ( c ), provided that such arms and ammunition have been lawfully imported into India; III, IV, V and VI.	Those contained in Sections 3 and 4.	The Aides-de-Camp and/or personal bodyguards entitled to the exemption shall not exceed such numbers as the Central Government may, from time to time, specify. The exemption shall apply only to the arms and ammunition belonging to the ruler and carried by such Aides-de-Camp or personal bodyguards.
( c )	Such members of the family of a ruler of an Indian State as may be specified by the Central Government.	I ( b ) and I ( c ), provided that such arms and ammunition have been lawfully imported into India; III, IV, V and VI.	Those contained in Sections 3 and 4.	This exemption shall apply to such numbers of the arms and ammunition of the categories shown in Column 2, and be subject to such conditions (if any), as may be prescribed by the Central Government and may, where necessary, be of a general nature dispensing with the necessity of a fresh order on each occasion.
4.	His Exalted Highness the Nizam of Hyderabad and the Prince of Arcot.	Saluting cannon; I ( b ) and I ( c ), provided that such arms and ammunition have been lawfully imported into India; III, IV, V and VI.	Those contained in Sections 3 and 4.	The exemption shall be subject to ( i ) the order of the Central Government regarding the number of retainers and the quantity and description of arms and ammunition to be permitted, and the purposes for which such arms may be carried; and ( ii ) the annual registration of the retainers and weapons exempted.
5.	The Officer Commanding the Unit of the armed forces or of the Territorial Army and when he is in possession of a pass granted and signed by his Officer Commanding, every serving member of the armed force.	Such arms and ammunition as are provided for sporting purposes by Government or from a regimental fund under the authority of the Officer Commanding the Unit.	Those contained in Sections 3 and 4.	The exemption shall apply in the case of all serving members of the armed forces only in respect of the arms and ammunition and to the areas and for the dates specified in the pass and in the case of Officers Commanding only in respect of the purchase and, stocking of arms and ammunition which are provided for sporting purposes by Government or from a regimental fund.
6.	A member of a rifle club/association approved by the Central Government, when engaged as such member, in connection with target practice or shooting competition.	Arms and ammunition in respect of which the club/association holds a licence in Form VI.	Those contained in Sections 3 and 7(a).	The exemption shall apply when the arms or ammunition are intended to be taken out of the premises of the club/association, only if he possesses a pass signed by the President/Secretary of the club/association and then only in respect of the arms or ammunition and in the areas and for the dates specified in the pass, and when the arms or ammunition are intended to be taken out of the district, the pass shall be attested by a first class magistrate or Justice of Peace.

Arms and ammunition					Provisions of the Act	Conditions
1					2	3
1.	(1) ( a ) Toy cannon weighing not more than 27 kgs. and having				All except Section 5.
	( i )		calibre of less than one inch;
	( ii )		length of bore of less than 24 inches; and
	( iii )		interior of the bore unrifled.
	( b ) Old iron cannon balls.
	(2) Recapper, decapper and turnover machines.				All: Provided that the use of these machines is restricted to loading or reloading cartridge for one's own personal use and for no other purpose.
	(3) Air guns, air rifles and air pistols which satisfy the following test, namely, that the projectiles discharged from such guns or pistols do not perforate a target 12 inches square formed by deal-wood boards of even grain, free from knots placed on both sides and of thickness of and 1 for air pistols and air guns/rifles respectively: Provided that in making and estimating the test the following conditions shall be observed, namely				All: Provided that the Central Government may, by notification in the Official Gazette, retain all or any of the provisions of the Act in respect of air pistols or of any class thereof in the case any class of persons or of any specified area.
	( a )	the weapon shall be held horizontally with the muzzle at a distance of five feet from the target;
	( b )	the test shall be repeated twenty times for each class of projectile which can be discharged from the weapon; and
	( c )	perforation shall be deemed to be effected
		( i )		in a case where the projectile is a dart, if the point of the dart pierces the back of the target, and
		( ii )		in any other case, if the projectile passes completely through the back of the target.
	(4) Air guns, air rifles and air pistols required for imparting training in their use				Those contained in Sections 3 and 9( a )( i ); provided that the exemption shall be valid only when the weapons are used in connection with training in their use and the training is imparted under the supervision of a licensee or an instructor approved by the Central Government in this behalf.
	(5) All arms				Those contained in Section 5, in so far as it relates to petty repairs without the use of spare parts carried out by or in the presence of, or under the written authority of, the owner lawfully possessing the weapon, subject to such condition and restrictions as may be imposed by the Central Government in this behalf.
	(6) Arms and ammunition required for, and not kept or used for any purpose other than, the navigation or operation of aircraft.				All.
	(7) Arms, other than filled or empty grenades, which are in the possession of a regiment or military mess as trophies or curiosities or otherwise solely for purposes of ornament or display.				All.
	(8) Sights for rifles imported for the use of; or for sale to, officers, Junior Commissioned Officers, Warrant Officers and Petty Officers of the Indian Navy, Army or Air Force or of the Indian Territorial Army or Non-Commissioned Officers and soldiers of the Indian Army on a written permit from the Officers Commanding the regiment to which they belong.				All.
	(9) ( a ) All explosive substances which may be used for filling the ammunition defined in Section 2(1)( b )( iii ), other than ingredients of ammunition, in item ( vii ) of that sub-clause, unless and until any of them becomes a part of such ammunition; fuses for blasting (safety or otherwise) tubes for firing explosives.				All except those relating to export: Provided that the Government may by notification in the Official Gazette retain all or any of the provisions of the Act, in the case of any class of persons or of any specified area.
	( b ) Cartridges made with not more than 15 kgs of gunpowder, and not containing their own means of ignition when intended bona fide for private blasting purposes.				Those contained in Section 10 provided that the Central Government may by notification in the Official Gazette, at any time prohibit possession without a licence in the case of any class of persons or of any specified area, if it considers necessary to do so in the interest of public safety.
	(10) Gun wads and wire cartridges.				Those contained in Section 10.
	(11) Cartridge cases of arms of one or more than one inch-bore.				All.
	(12) ( a ) Leadoen bullets and bird shot not exceeding 5 kgs.				All.
	( b ) Pellets for air guns and lead required in good faith for industrial and manufacturing purposes (other than the manufacture of bullets and bird-shot) up to any quantity.				All: Provided that the Central Government may impose in respect of any class of persons or of any specified area, any restriction in regard to the quantity of lead to be so exempted.
	(13) ( a ) Chlorates acquired, possessed or sold by bona fide medical practitioners and dispensing chemists in accordance with such conditions as may be prescribed by the Central Government.				Those contained in Sections 3 and 5.
	( b ) Medicinal preparations (including tablets) containing chlorates acquired, possessed or sold by medical practitioners or dispensing chemists or acquired or possessed by any one on the basis of a prescription or certificate by a medical practitioner, in accordance with such conditions as may be prescribed by the Central Government.				Those contained in Sections 3 and 5.
2.	Arms of Category V				Those contained in Sections 10 and 12, subject to the condition that the arms exported or transported by or through a dealer and in accordance with Rule 61: Provided that the Central Government may, by notification in the Official Gazette, retain all or any of the provisions of the Act, relating to any area in respect of any type or description of arm.	The exemption shall apply to the whole of India except where Section 4 applies.
3.	(1) Kripans possessed or carried by Sikhs.				Those contained in Section 4.	The exemption shall apply to any part of India where Section 4 applies.
	(2) Khukris possessed or carried by Gurkhas of all classes.				Those contained in Section 4: Provided that the Central Government may, by notification in the Official Gazette retain all or any of the provisions of the Act in this behalf in respect of all classes, or any class of Gurkhas, or of any specified area.
	(3) Uniform swords and dirks of recognised military or official patterns, when possessed by, or intended to be supplied to, persons entitled to wear them as part of their uniforms.				Those contained in Section 4.
	(4) Swords of honour possessed or carried by persons or by the heirs of persons to whom they were awarded by the Central Government or by State Government.				Those contained in Section 4.
	(5) Swords imported for presentation as prizes for members of the regular or auxiliary force.				Those contained in Sections 4 and 10.
4.	(1) Sulphur in quantities not exceeding 50 kgs.				All	The exemption shall apply to the whole of India except all districts on the external land frontier of India, and the districts of Sibsagar, Lakhimpur, and United Mikir and North Cachar Hills in Assam.
	(2) Saltpetre				All
5.	Saltpetre required for medicinal or goldsmith's purposes in quantities not exceeding 5 kgs.				All	The exemption shall apply only to the districts on the external land frontier of India, and the districts of Sibsagar, Lakhimpur and North Cachar Hills in Assam.
6.	Any arms or ammunition brought into and landed in bond at, or brought into any port in India and declared under manifest to be consignments for, any port to which export is not prohibited by rules or orders for the time being in force.				Those contained in Section 10.
7.	Arms and ammunition of Category I ( c ) imported by officers of the Indian Foreign Service.				Those contained in Section 10.
8.	78 [* * *]
9.	Arms and ammunition for despatch to the Government of Nepal or King of Nepal from or through India.				Those contained in Section 10.	The arms etc ., imported into, or acquired in India for transport or export to Nepal, shall correspond to the list furnished by the Central Government to the Customs authorities at the port of disembarkation or the licensing authority at other places.

Further conditions under which exemptions granted 79 :

( a ) it shall not be deemed to render lawful the import of arms or ammunition through the medium of post office;

( b ) the persons or classes of persons exempted shall

( i ) unless specifically exempted by the Central Government by notification in the Official Gazette, register in such manner and at such place as the Central Government may prescribe from time to time any firearm or ammunition in respect of which the exemption has been granted;

( ii ) render such statistical information about different descriptions of arms and ammunition in respect of which the exemption has been granted in such pro forma , if any, as may be required by the Central Government;

( iii ) whenever any arms or ammunition in respect of which exemption is granted is lost or stolen, forthwith report the occurrence of such loss or theft together with the details of the articles lost or stolen at the nearest police station.

(2) 80 The arms of the description specified in column (1) of the table herein below from such of the provisions of the said Act as are mentioned in column (2) of the said table.

Arms Excluded		Provisions of the Act
(1)		(2)
1.	Firearm replicas (An object designed to resemble a firearm which has an appearance that is so realistic as to make it indistinguishable for all practical purposes, from a real firearm and which has been rendered innocuous)	All sections, except 5

Organisation and Departments exempted 81 :

Sl. No.	Classes of Organisation or Departments	Description of Arms	Conditions
(1)	(2)	(3)	(4)
1.	Wildlife Departments, Zoos and Wildlife Sanctuaries; Animal husbandry, Animal Welfare and Veterinary Organisations; Science and Technology Departments under the control of the Central Government or State Governments or Union Territory Administrations or Autonomous Institutions and their subordinate offices including Municipal Corporations and other local authorities	Syringe Projectors	Exemption is restricted for humane treatment of animals for drug delivery, administering tranquillizers or research purposes.
2.	Individuals, Private Organisations including the Non-Governmental Organisations working in the field of animal or wildlife welfare.	Syringe Projectors	( i ) Arms licence for acquisition or carrying or possession shall be obtained from the Licensing Authority on the basis of the essentiality certificate to be issued by the concerned Wildlife Department, i.e. in the Ministry of Environment and Forests, Government of India, the Forests Department of the State Governments or Union Territories;
			( ii ) Individuals or persons already in possession of Syringe Projectors shall also be required to obtain arms licence

Establishments exempted 82 :

The firearms required for safeguarding the property and personnel of any company, firm, bank or industrial or other establishment are exempted subject to the following conditions, namely:

( i ) the licensing authority shall after taking into account the size, nature and location of the establishment and such other factors as such licensing authority may consider relevant and after considering the views of the establishment determine the number of firearms that may be acquired or possessed by such establishment;

( ii ) a licence shall be obtained from the licensing authority for each such firearm in favour of person in the security of such establishment or where there is no such functionary the person in charge of the management of such establishment, by designation;

( iii ) upon such determination and issue of licences every such establishment in possession of firearms in excess of the number for which licences have been granted shall forthwith surrender such excess firearms to the officer in charge of the nearest police station or with a licensed dealer in the manner laid down under Section 21 of the said Act read with Rule 46 of the Arms Rules, 1962.

Explanation . For the purpose of this order:

( a ) bank means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934) and the scheduled banks as specified in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934);

( b ) company means company as defined in the Companies Act, 1956 (1 of 1956);

( c ) establishment includes, where such establishment has more than one branch, each of its branches;

( d ) firearms means arms and ammunition specified in Columns 2 and 3 of Category III of Schedule 1 to the Arms Rules, 1962;

( e ) firm has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932);

( f ) industrial or other establishment means such establishment as defined in the Payment of Wages Act, 1936 (4 of 1936).

(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 the Government to take such census.

(2) In 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.

(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,

as may be specified in the notification.

Notes (1) Conditions subject to which functions of Central Government have been entrusted to State Government: 83

Provisions of the Act, Rules or Notification	Conditions, if any, subject to which functions have been entrusted
1	2
I. Sections of the Act:
2(4), 4, 10(2), 13(3)( a )( ii )	Nil
17(9).	This entrustment is limited to the territories under the administrative control of the State Government and is without prejudice to the power of the Central Government to revoke or suspend licences throughout the whole or any part of India.
19(1), 22(2), 23, 24	Nil
34	Sanction to be accorded in consultation with the local customs authorities.
42(1), 45( b )( i ), 45( b )( iii )	Nil
II. The Arms Rules, 1962
( i ) Rules 2 ( c )	Nil
11	The restriction is limited to the territories under the administrative control of the State Government.
26, 27, 42(1), 43(3), 48(1),	Nil
57(3)	The entrustment under the rule is of the following power only, namely, by general or special order to remit or reduce the fees payable in respect of the grant or renewal of any licence ( a ) for the transport or possession of sulphur in reasonable quantities proved to the satisfaction of the State Government to be required in good faith for medicinal, agricultural, manufacturing or industrial purposes other than the manufacture of ammunitions, or, ( b ) under Rule 28 to any person for the import of any arms or ammunition in reasonable quantities proved to the satisfaction of the authority granting the licence to be required in good faith for the protection of persons and property.
61	Nil
( ii ) Schedules II Item Nos. 2.3 ( g ) and 21 III Licence Form II. Condition 3, III. Conditions 4, 7 and 10, III-A. Condition 3, IV. Conditions 5 and 6, V. Conditions 6 and 7, VI. Condition 4, Condition 5, Conditions 2, 3, 8, 11, 12 (proviso) and 14 (in the case of West Bengal and Assam only). X. Conditions 4 and 5, XI. Conditions 2, 3, 7, 10, 11 (proviso) and 13 (in the case of West Bengal and Assam only). XII. XIII. Conditions 2, 3, 6, 9, 10 (proviso) and 12 (in the case of West Bengal and Assam only) XIV. Conditions 3 and 8, XV. Condition 3 ( a )( ii ).	Nil
III . Notifications
(1) No. 15/13/59 (V)-PIV, dated the 13th July, 1962, GSR 991, published in the Gazette of India, Part II, Section 3(i), dated 28th July, 1962.
Proviso ( b )( i ) and ( b )( ii )	Nil
Schedule I Column 4 of Entry 3 ( b )	Nil
Column 4 of Entry 4	Nil
Column 1 of Entry 6	Nil
Schedule II Entry 1 Clauses (3) (proviso) in columns (2), (4), (5), (9)( a ), 9 ( b ), 12( b ), 13( a ), and 13( b )	Nil
Entry 2 Proviso in Column 2	Nil
Entry 3 Proviso in Column 2	Nil
(2) No. 15/13/59 (VI)-PIV, dated the 13th July, 1962, GSR No. 993, published in the Gazette of India, Part II, Section 3( i ), dated 28th July, 1962.
Table Entry 5

(2) Conditions subject to which functions of Central Government have been entrusted to State Governments 84 :

( a ) that the State Government shall, in the exercise and performance of these powers and functions, be subject to the supervision and control of the Central Government;

( b ) that the State Government shall observe the policies and instructions laid down by the Central Government and shall not enunciate new policies or issue instructions inconsistent with those of the Central Government without the prior consent of that Government;

( c ) the exercise and performance of these powers and functions shall be limited to the territories under the administration of the State Governments and is without prejudice to the overall jurisdiction of the Central Government.

(3) Conditions subject to which functions of Central Government have been entrusted to State Government of Punjab 85 :

( a ) The State Government of Punjab shall be in the exercise of these functions, be subject to the supervision and control of the Central Government;

( b ) The State Government of Punjab shall, in exercise of these functions observe the policies and instructions laid down by the Central Government and it shall not issue instructions inconsistent with those of the Central Government without the prior consent of the Central Government;

( c ) The exercise of these functions shall be limited to the territories under the administration of the State Government of Punjab;

( d ) These functions shall be exercised by the State Government of Punjab, initially for a period of four months from the date of issue of this notification;

( e ) The licences thus issued shall be renewed on expiry of every two years after physical verification of the weapon possessed on the strength thereof.

(4) Further entrustment of functions of Central Government and conditions therein 86 :

( a ) that the Secretary, Department of Industrial Policy and Promotion shall observe the policies and instructions laid down by the Central Government in the Ministry of Home Affairs and shall not enunciate any new policy or issue instructions in relation thereto without the prior consent of the Central Government in the Ministry of Home Affairs; and

( b ) that the Central Government may revoke such delegation of powers and functions or may itself exercise or perform the powers or functions under the said sections, if in its opinion such a course of action in necessary is the public interest.

SCHEDULE

Sl. No.	Category of arms and ammunition	Defence items included
(1)	(2)	(3)
( i )	Tanks and other armoured fighting vehicles.	( a )	Battle tanks, Armoured personnel Carriers (APC) and Infantry Combat Vehicles (ICV)
		( b )	Military vehicles fitted with mountings for arms or equipment for mine laying or the launching of munitions
		( c )	Other ground vehicles manufactured or fitted with materials or components to provide Ballistic protection to Level III (NIJ 0108.01, September 1985, or comparable national standard or above) with mountings for arms or equipment for mine laying specially designed for military use.
		Note 1 . For Sl. No. ( b ) Includes vehicles fitted with mounting for arms or equipment for mine-laying or for launching of bombs, torpedoes, rockets, missiles, other explosive charges and related equipment and accessories.
		Note 2 . For Sl. No. ( c ) Transmission to provide drive to both front and rear wheels simultaneously, gross vehicle weight rating greater than 4500 kg.
( ii )	87 [Arms and ammunitions and allied items of defence equipment; other than small arms of caliber up to 12.7 mm and above as defined under clause (51) of sub-rule (1) of Rule 2 of the Arms Rules, 2016 and ammunition for such arms.]	( i )	Multi barrel rocket, machine guns, guns, rocket, cannon and missile systems used on land, ships and shore based and airborne applications.
		( ii )	Howitzers, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles.
		( iii )	Ammunition and fuze setting devices, as follows
			a.	safing and arming devices, fuzes, sensors and initiation devices;
			b.	submunitions including bomblets, minelets and terminally guided projectiles.
		( iv )	Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices, demolition kits, aircraft missile protection systems, pyrotechnic devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items specially designed for military use).
		( v )	Energetic materials and related substances includes all explosives like primers, boosters, initiators, igniters, detonators, smoke bomb, colour signals, propellants and pyrotechnics, oxidizers, binders, plasticisers, monomers, additive coupling agents, precursors and other related ammunition.
		( vi )	High velocity kinetic energy weapon systems.
		( vii )	Directed energy weapon systems, related or countermeasure equipment as follows
			a.	laser systems specially designed for, destruction or effecting mission, abort of a target including laser systems with specialised elements and derivatives thereof;
			b.	particle beam systems (not including wavelength less than 1150nm) capable of destruction or effecting mission abort of a target;
			c.	high power radio-frequency systems capable of destruction or effecting mission abort of target;
			d.	equipment specially designed for the detection or identification of, or defence against, system at ( a ) and ( c ) above.
		Note 1 . Sl. No. ( i ) and ( ii ) does not apply to weapons for slaughter of animals, seismic testing; projectile launchers of range less than 500 m.
		Note 2 . Sl. No. ( iii ) does not apply to ammunition crimped without projectile, dummy ammunition (with pierced powder chamber) and cartridge designed for signalling, bird scaring.

(5) Conditions subject to which functions of Central Government have been entrusted to Secretary to the Government of India in the Department of Commerce, Ministry of Commerce and Industry 88 :

that powers and functions shall also be exercised and performed by the following officers, namely

( a ) the Secretary to the Government of India in the Department of Commerce, Ministry of Commerce and Industry or an officer authorised by him in this behalf for import of Arms and Ammunition as specified in Schedule I of Arms Rules, 2016;

( b ) the Secretary to the Government of India in Department of Defence Production, Ministry of Defence or an officer authorised by him in this behalf for export of Arms and Ammunition as specified in Schedule I of the Arms Rules, 2016.

powers and functions exercised and performed by the said officers subject to following conditions, namely

( i ) The Secretary to the Government of India in the Department of Commerce, Ministry of Commerce and Industry and the Secretary to the Government of India in Department of Defence Production, Ministry of Defence shall observe the policies and instructions laid down by the Central Government in the Ministry of Home Affairs and shall not enunciate any new policy or issue instructions in relation thereto without the prior consent of the Central Government in the Ministry of Home Affairs; and

( ii ) The Central Government may revoke such delegation of powers and functions or may itself exercise or perform the powers or functions under the said section, if in its opinion such a course of action is necessary in the public interest.

(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.

(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 89 [including the areas and the categories of arms and ammunition for which they 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 within 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 90 [firearm or ammunition shall be stamped or otherwise shown thereon for the purposes of tracing];

91 [ Explanation . For the purposes of this clause, tracing means the systematic tracking of firearms and ammunition from manufacturer to purchaser for the purpose of detecting, investigating and analysing illicit manufacturing and illicit trafficking;]

( 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;

( l ) 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 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 92 [two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], 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.

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 ) the 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

Notes Authorisation to fabricate spare parts : 93 The Maharashtra State Police Armourers is authorised to fabricate the spare part of 303 rifles, namely, Spring Extractors, at the State Police Armourers' Workshops at the State Reserve Police Force, Groups I and II, Poona, for the use of the State Police Force provided the said spring extractors are not manufactured for the purpose of, or utilised for, assembling into complete arms.

( 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 with 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 along with complementary parts acquired or possessed by that or any other person.

(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 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.

1. Extended to Goa, Daman and Diu by Regn. 12 of 1962 to Dadra and Nagar Haveli by Reg. 6 of 1963; to Pondicherry by Regn. 7 of 1963 and to Sikkim by Noti. No. S.O. 208(E), dated 16-5-1975 (w.e.f. 1-8-1976).

2. This Act came into force on 1-10-1962 [Vide GSR 992, published in Gazette of India, 1962, Part II, S. 3(1), p. 1092].

3. Subs. by Act 42 of 1988, S. 2 (w.e.f. 27-5-1988).

4. Vide G.S.R. 988, dated 13-7-1962 [No. 15/13/59(II)-P. IV].

5. Subs. by Act 55 of 1971 S. 2, for cl. (d).

6. Ins. by Act 48 of 2019, S. 2 (w.e.f. 14-12-2019).

7. Ins. by Act 25 of 1983, S. 2 (w.e.f. 22-6-1983).

8. Ins. by Act 42 of 1988, S. 2 (w.e.f. 27-5-1988).

9. Vide G.S.R. 990, dated 13-7-1962 [No. 15/13/59 (IV)-P. IV].

10. Vide G.S.R. 375(E), dated 21-6-1980 (w.e.f. 21-6-1980).

11. Vide G.S.R. 378(E), dated 23-6-1980 (w.e.f. 23-6-1980) [No. V. 11012/4/80-GPA. V] as amended by G.S.R. 674(E), dated 29-8-1983.

12. Vide G.S.R. 989, dated 13-7-1962 [No. 15/13/59(III)-P. IV].

13. Ins. by Act 25 of 1983, S. 3 (w.e.f. 22-6-1983).

14. Ins. by Act 25 of 1983, S. 3 (w.e.f. 22-6-1983).

15. Subs. three firearms by Act 48 of 2019, S. 3(i) (w.e.f. 14-12-2019).

16. Ins. by Act 48 of 2019, S. 3(ii) (w.e.f. 14-12-2019).

17. Vide No. F. 13/278/69 Home (G), dated 12-9-1969 (w.e.f. 12-9-1969)

18. Vide No. S.O. 127/C.A. 54/59/S. 4/78, dated 15-9-1978

19. Vide Noti. No. F. 1(82) Home-9/92, dt. 8-4-2003 and corrected by Corrigendum of even number dt. 8-4-2003.

20. Vide Noti. No. i 1(82) x`g -9/92 dt. 29-2-96, p. 925.

21. Vide Noti. No. i 1(82) x`g -9/92, dt. 31-7-96, p. 715.

22. Vide Noti. No. 10411-R/VIII-B-II-438-69, dated 12-5-1971.

23. Vide Noti. No. 3411R/VI-P-5 682-90, dated October 22, 1990 and amended by Noti. No. 2232-R/VI-P-V-1124-90, dt. 5-6-1991.

24. Ins. by Act 25 of 1983, S. 4 (w.e.f. 22-6-1983).

25. Ins. by Act 42 of 1988, S. 3 (w.e.f. 27-5-1988).

26. Subs. manufacture, by Act 48 of 2019, S. 4 (w.e.f. 14-12-2019).

27. Proviso omitted by Act 25 of 1983, S. 4 (w.e.f. 22-6-1983).

28. Ins. by Act 25 of 1983, S. 4 (w.e.f. 22-6-1983).

29. Ins. by Act 48 of 2019, S. 5 (w.e.f. 14-12-2019).

30. Subs. by Act 42 of 1988, S. 4 (w.e.f. 27-5-1988).

31. Subs. firearm by Act 48 of 2019, S. 6 (w.e.f. 14-12-2019).

32. Subs. for sixteen by Act 25 of 1983, S. 5 (w.e.f. 22-6-1983).

33. Subs. for a term of not less than six months by Act 25 of 1983, S. 5 (w.e.f. 22-6-1983).

34. Subs. by Act 25 of 1983, S. 5 (w.e.f. 22-6-1983).

35. Vide G.S.R. 1420, dated 3-11-1962.

36. Subs. for Collector of Customs by Act 22 of 1995, S. 89.

37. Vide G.S.R. 376(E), dated 21-6-1980 (w.e.f. 21-6-1980) [F. No. V-11012/4/80-GPA-V].

38. Subs. by Act 25 of 1983, S. 6 (w.e.f. 22-6-1983).

39. Subs. point 22 bore rifle or an air rifle by Act 48 of 2019, S. 7 (w.e.f. 14-12-2019).

40. Subs. period of three years by Act 48 of 2019, S. 8(a) (w.e.f. 14-12-2019).

41. Ins. by Act 48 of 2019, S. 8(b) (w.e.f. 14-12-2019).

42. Now Limitation Act, 1963.

43. Ins. by Act 25 of 1983, S. 7 (w.e.f. 22-6-1983).

44. Ins. by Act 25 of 1983, S. 7 (w.e.f. 22-6-1983).

45. Sub-secs. (1), (1-A), (1-B) subs. for sub-sec. (1) by Act 25 of 1983, S. 8 (w.e.f. 22-6-1983).

46. Subs. manufactures, by Act 48 of 2019, S. 9(i)(a) (w.e.f. 14-12-2019).

47. Ins. by Act 48 of 2019, S. 9(i)(b) (w.e.f. 14-12-2019).

48. Omitted by Act 42 of 1988, S. 5 (w.e.f. 27-5-1988).

49. Subs. three years but which may extend to seven years by Act 48 of 2019, S. 9(i)(c) (w.e.f. 14-12-2019).

50. Ins. by Act 42 of 1988, S. 5 (w.e.f. 27-5-1988).

51. Subs. five years, but which may extend to ten years by Act 48 of 2019, S. 9(ii)(a) (w.e.f. 14-12-2019).

52. Ins. by Act 48 of 2019, S. 9(ii)(b) (w.e.f. 14-12-2019).

53. Ins. by Act 48 of 2019, S. 9(iii) (w.e.f. 14-12-2019).

54. Subs. seven years by Act 48 of 2019, S. 9(iv) (w.e.f. 14-12-2019).

55. Sub-sec. (1-A) renumbered as sub-sec. (1-AAA) by Act 42 of 1988, S. 5 (w.e.f. 27-5-1988).

56. Subs. by Act 39 of 1985, for the words one year, but which may extend to five years (w.e.f. 29-5-1985).

57. Subs. one year but which may extend to three years by Act 48 of 2019, S. 9(v)(a) (w.e.f. 14-12-2019).

58. Subs. one year by Act 48 of 2019, S. 9(v)(b) (w.e.f. 14-12-2019).

59. Ins. by Act 39 of 1985, S. 2 (w.e.f. 29-5-1985).

60. Subs. by Act 25 of 1983, S. 8 (w.e.f. 22-6-1983).

61. Ins. by Act 48 of 2019, S. 9(vi) (w.e.f. 14-12-2019).

62. Vide Noti. No. S.O. 3827, dated 4-11-1986 [F. No. 228/16/86-AVD-II]

63. Vide Noti. No. S.O. 40, dated 18-12-1987 [No. 228/43/87-AVD. II].

64. Subs. by Act 25 of 1983, S. 9 (w.e.f. 22-6-1983).

65. Subs. by Act 42 of 1988, S. 6 (w.e.f. 27-5-1988).

66. Section 27(3) declared ultra vires and void in State of Punjab v. Dalbir Singh, (2012) 3 SCC 346.

67. Subs. shall be punishable with death by Act 48 of 2019, S. 10 (w.e.f. 14-12-2019).

68. Subs. by Act 25 of 1983, S. 10 (w.e.f. 22-6-1983).

69. Subs. for six months, or with fine of an amount which may extend to five hundred rupees by Act 25 of 1983, S. 11 (w.e.f. 22-6-1983).

70. Subs. for three by Act 25 of 1983, S. 12 (w.e.f. 22-6-1983).

71. Subs. for five hundred by Act 25 of 1983, S. 12 (w.e.f. 22-6-1983).

72. Subs. by Act 25 of 1983, S. 13 (w.e.f. 22-6-1983).

73. Subs. by Act 25 of 1983, S. 13 (w.e.f. 22-6-1983).

74. Subs. by Act 25 of 1983, S. 14 (w.e.f. 22-6-1983).

75. Subs. by Act 25 of 1983, S. 14 (w.e.f. 22-6-1983).

76. Subs. by Act 25 of 1983, S. 15 (w.e.f. 22-6-1983).

77. Vide G.S.R. 991, dated 13-7-1962.

78. Omitted by GSR 261, dt. 12-2-1976 (w.e.f. 28-2-1976).

79. Vide G.S.R. 991, dated 13-7-1962.

80. Vide Noti. No. S.O. 2461(E), dated 18-7-2016.

81. Vide S.O. 952 (E), dated 20-3-2009.

82. Vide Noti. No. S.O. 954, dated 8-12-1987 [No. V. 11013/2/87-Arms].

83. Vide G.S.R. 1309, dated 1-10-1962, extented to State of Sikkim by G.S.R. 463(E), dated 21-7-1976 and extended to States of Arunachal Pradesh, Mizoram and Goa by G.S.R. 317, dated 5-4-1988

84. Vide G.S.R. 508(E), dated 23-6-1983 [No. V. 11014/1B/83-G.P.A. V].

85. Vide S.O. 638, dated 22-2-19991 [No. V. 11014/1/91-Arms].

86. Vide S.O. 6203(E), dated 14-12-2018.

87. Subs. by S.O. 1501(E), dt. 2-4-2019 . Prior to substitution it read as: Arms and ammunitions and allied items of defence equipment; other than small arms of caliber 12.7 mm and above as defined under clause (51) of sub-rule (1) of Rule 2 of the Arms Rules, 2016.

88. Vide S.O. 5607(E), dated 1-11-2018.

89. Ins. by Act 25 of 1983, S. 16 (w.e.f. 22-6-1983).

90. Subs. firearm shall be stamped or otherwise shown thereon by Act 48 of 2019, S. 11(a) (w.e.f. 14-12-2019).

91. Ins. by Act 48 of 2019, S. 11(b) (w.e.f. 14-12-2019).

92. Subs. by Act 25 of 1983, S. 16 (w.e.f. 22-6-1983).

93. Vide G.N.H.D. No. AML, 1066-C-2078-X, dated 13-5-1968.