act 028 of 1857 : Arms and Ammunition Act, 1857 [Repealed]

Arms and Ammunition Act, 1857 [Repealed]

ACTNO. 28 OF 1857
09 November, 1857
Repealed by Act 8 of 1868
Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 11th September 1857.)

An Act relating to the importation, manufacture, and sale of Arms and Ammunition, and for regulating the right to keep or use the some.

PREAMBLE

Whereas it is expedient to regulate the importation, manufacture, and sale of Arms and Ammunition, and the right to keep or use the same; It is enacted as follows:

Section 1. In places to which this Section is extended, written notice of the possession of Arms shall be given to the Magistrate

In any District or place to which the provisions of this Section shall he extended by order of the Governor General of India, in Council or of the Executive Government of any Presidency or place, every person shall, within such time as shall be mentioned in the order, or, if no time be mentioned therein, within one week from the publication of the order in the District or place, give notice in writing to the Magistrate or other Officer specified by the Executive Government, of any fire-arms, bayonet, sword, spear, spear-head, or other deadly weapon to be specified in such order, which shall be in his possession or shall be on his premises in the possession of any of his retainers or servants; and shall also give immediate notice in writing of all other Arms of the like description which shall at any subsequent time come into his possession or into the possession of any of his retainers or servants as aforesaid.

What to be specified in the notice. The notice shall specify the number and description, of the Arms so possessed, and also, In the case of Arms so possessed by retainer's or servants, the names of such retainers or servants and in what capacities they are respectively employed.

Section 2. Penalty for wilful neglect to give notice

Whoever wilfully neglects to give such notice as aforesaid shall be liable, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees; and all Arms in the possession of such person may be seized and shall be confiscated. If the convicting Magistrate shall so adjudge; and in case the Arms of which he shall so neglect to give notice shall exceed what may be considered reasonable for the private use of such person, he shall be liable to Imprisonment with or without hard labor for a term not exceeding two years, and shall also be liable to a fine not exceeding five thousand Rupees; and all the Arms and any any munition or Military Stores in the possession of such person or on his premises shall be confiscated.

Section 3. Register to be prepared, and certificates to be granted on request

The Magistrate shall cause to be prepared from such notices a register of the names of persons having Arms in their possession, and the number and description of such Arms; and shall also, at the request of any person giving such notice as aforesaid, deliver to him a certificate specifying the date of the notice and the number and description of Arms specified therein.

Section 4. Seizure and detention of Arms and Ammunition by the Magistrate

If, in the judgment of the Government or of the Magistrate, any such Arms as aforesaid or any Ammunition in the possession of any person cannot be left in such possession without danger to the public peace, it shall be lawful for the Magistrate to cause such Arms or Ammunition to be seized and detained in safe custody for such time as may be deemed necessary.

Section 5. In places to which this Section is extended, persons going armed may be disarmed in certain cases and What Officers & c. authorized to disarm

In any District or place to which the provisions of this Section shall be extended by order ox the Governor General of India in Council or of the Executive Government of any Presidency or place, if any person goes armed with any such Arms as aforesaid and shall not produce a certificate, from a Magistrate or other Officer authorized by Government to grant licenses to go armed, that he has obtained such a license or that he is exempted by Government from the foregoing provisions, or give reasonable proof of his being otherwise exempted from, the said provisions, he shall be liable to be disarmed by any Magistrate, Deputy Magistrate, or Assistant to a Magistrate, or by any European Commissioned Officer in the service of Her Majesty or of the East India Company, or by any member of a Volunteer Corps enrolled by authority of Government whilst on duty, or by any Police Officer, if, in the judgment of such Magistrate or other person as aforesaid, it is dangerous to the public peace to allow such person to go armed.

License, to travellers to carry Arms. Provided always that if to person shall have a license, from the Magistrate of the District or place at which he resides or may be, to carry on a journey such Arms as the Magistrate may consider reasonable for his private use, and shall obtain from such Magistrate a certificate stating the name and address of the licensee, the route by which, he intends to proceed, the time which such journey is expected, to occupy, and the Arms which he is permitted to carry, such certificate shall have the same force and effect according to its tenor in every District or place specified therein as if leave to go armed had been granted by the Magistrate of such District or place.

Section 6. Exemptions

The foregoing provisions shall not apply to

1. Officers, Soldiers, and Sailors. Officers, Soldiers, and Sailors in the Military or Naval Service of Her Majesty or of the East India Company in respect of Arms and Ammunition kept by them for use in the public service.

2. Volunteers. Members of Volunteer Corps in respect of such Arms and Ammunition.

3. Police and Revenue Officers. Police and Revenue Officers and other persons in respect of Arms and Ammunition furnished by Government for use in the public service or provided by themselves with the sanction of Government for such use.

4. Other persons. Such other persons as the Government may think fit to exempt from such provisions.

Armament of ships exempt. Arms and Ammunition belonging to any ship or vessel, not exceeding the reasonable armament thereof, shall also be exempt from such provisions.

Section 7. Penalty for manufacturing or dealing in Arms or Ammunition without license, or contrary to the conditions therein contained

If any person shall manufacture, repair, sell, or keep or expose for sale any Arms of the description hereinbefore mentioned, or shall manufacture, or sell, or keep or expose for Sale percussion-caps, gunpowder, or other Ammunition, without a license to manufacture or deal in Arms or Ammunition, as the case may be, or contrary to any of the conditions contained in any such license, he shall be liable, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees, in addition to double the value of any Arms or Ammunition sold; and all Arms and Ammunition belonging to the offender shall be forfeited if the convicting Magistrate shall so adjudge.

Section 8. Licenses by whom to be granted

Licenses to manufacture or deal in percussion-caps shall be granted by the Governor General in Council, or by the Executive Government, or by an Officer specially authorized by the Governor General in Council or by the Executive Government to grant such licenses. Licenses to manufacture or deal in Arms and Ammunition other than percussions-caps may be granted by a Magistrate or by an Officer authorized by the Governor General in Council or by the Executive Government to grant such licenses.

Section 9. Licensed manufacturers or dealers to enter in a book an account of stock-in-trade, names of purchasers, & c

Every person licensed to manufacture or deal in Arms, percussion-caps, or other Ammunition, shall enter, in a book to be kept by him for that purpose, an account of all the stock-in-trade which he may from time to time have in his possession or under his control, and also the name and address of every purchaser of Arms or Ammunition sold by him, together with the nature, description, and quantity of such Arms or Ammunition.

Inspection of book. Such book shall be open at all times to inspection in the Magistrate or other duly authorized Officer, by whom copies may be taken of all entries therein contained. If any such person shall omit or fail duly to keep such a book or to make therein all such entries as are hereby required, or if any person shall prevent or obstruct the inspection of such book or shall make a false entry therein, he shall be liable for every such offence, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees, in addition to double the value of any Arms or Ammunition sold of which he shall fail to make such entry or respecting which he shall make a false entry; and if the offender be licensed to manufacture or deal in Arms or Ammunition, he shall also forfeit his license if the convicting Magistrate shall so adjudge.

Section 10. Magistrate or other Officer may inspect dealers' premises

The Magistrate or other Officer authorized by Government may at any time enter the premises in which Arms or Ammunition shall be manufactured or kept by any licensed manufacturer of or dealer in Arms or Ammunition, in order to inspect the stock-in-trade of such manufacturer or dealer; and if any such manufacturer or dealer shall intentionally conceal from such Magistrate or other Officer as aforesaid any part of his stock-in-trade, or shall wilfully refuse to point out where the same is kept, he shall be liable, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees; and all the stock-in-trade belonging to such person may be seized and shall be confiscated if the convicting Magistrate shall so adjudge.

Section 11. Revocation of license to manufacture or deal in Arms or Ammunition

Any license granted under the provisions of Section VIII may be granted subject to such conditions as shall be thought necessary, and may be revoked or suspended by the person, or persons authorized to grant such licenses.

Section 12. Arms, Ammunition, and Sulphur, & c., not to be imported without license

No Arms or Ammunition, and no Sulphur or Saltpetre, shall be imported either by sea or by land into any part of the territories in the possession and under the Government of the East India Company without the license of the Governor General in Council or of the Executive Government.

Section 13. Penalty for importation without license

If any person shall import or attempt to import without such license, either by sea or by land into any part of the said territories, any Arms or Ammunition, or any Sulphur or Saltpetre; or shall aid or assist in such importation or in such attempt to import; or shall knowingly conceal or assist in concealing any Arms or Ammunition, or any Sulphur or Saltpetre, imported without such license he shall be liable, on conviction before a Magistrate, to imprisonment with or without hard labor for any term not exceeding two years, and also to a penalty not exceeding one thousand Rupees; and the articles so imported shall be confiscated if the convicting Magistrate shall so adjudge.

Section 14. Importation of Arms and Ammunition for private use

The provisions of the two last preceding Sections shall not extend to Arms and Ammunition imported in reasonable quantities for private use; but the Collector of Customs may at any time detain any such articles, if he shall think it necessary, until he shall receive the orders of Government. Nothing in this Section shalt exempt any person front the obligations of giving any notice required by this Act.

Section 15. Government may prohibit transport of Arms, Ammunition, Military Stores, & c

The Governor General in Council may by order prohibit the transport of Arms, Ammunition, Military Stores, Sulphur, or Saltpetre, or any particular description of Arms, Ammunition, or Military Stores, from one part of India to another, or the transport thereof in any particular direction to be specified in the order or prohibit the transport thereof except according to such rules and conditions as may be specified in the order; and the Executive Government of any Presidency or place shall have the like power within the territories under their Government.

Section 16. Penalty for prohibited transport

If any person shall transport or cause to be transported, or shall attempt to transport or cause to be transported, or shall aid in transporting; any Arms, Ammunition, Military Stores, Sulphur, or Saltpetre contrary to such order or to the rules and conditions specified therein, he shall be liable, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees and the articles transported or attempted to be transported shall be confiscated. If any person shall by concealment or other device transport or cause to be transported, or attempt to transport or cause to be transported, such Arms, Ammunition, Military Stores, Sulphur, or Saltpetre, he shall, in addition to the penalty hereby provided, be liable upon such conviction to imprisonment with or without hard labor for a term not exceeding two years.

Section 17. Persons conveying Arms, Ammunition, & c. under suspicious circumstances may be apprehended without warrant

If any person shall be found carrying or conveying Arms, Ammunition, Military Stores, Sulphur, or Saltpetre in such a manner or under such circumstances as to afford just grounds of suspicion that the same are being carried by such person with intent to use the same or that the same may be used for any unlawful purpose dangerous to the public peace, it shall be lawful for any of the public Officers mentioned in Section V of this Act, or for any other person, to apprehend without warrant the person so carrying or conveying such Arms, Ammunition, Military Stores, Sulphur, or Saltpetre, and to detain such person in custody in order that he may be dealt with according to law.

Procedure if apprehended by other than Magistrates, & c. If any person be apprehended by a person not being a Magistrate, Deputy Magistrate, or Assistant to a Magistrate, or Police Officer, he shall be delivered over as soon as possible to a Police Officer; and all persons apprehended by or delivered to a Police Officer under the provisions of this Act shall be carried before a Magistrate or other Officer competent by law to punish him for the offence or to commit him for trial.

Section 18. Government may prohibit Sale of Sulpur and Penalty

Whenever the Governor General in Council or the Executive Government shall consider it necessary so to do, they may by order prohibit the sale of Sulphur; and any person selling Sulphur contrary to be liable, on conviction before a Magistrate, to a penalty not exceeding five hundred Rupees; and all Sulphur belonging to such person shall be confiscated if the convicting Magistrate shall so adjudge.

Section 19. Seizure and detention of Sulphur by Government

The Governor General in Council or the Executive Government may also at any time seize all Sulphur in the possession of any person and detain the same for such time as they may deem necessary for the public safety.

Section 20. Exception

Nothing in the two preceding Sections shall apply to Sulphur kept or sold in reasonable quantities for medicinal purposes.

Section 21. Government may exempt persons from the provisions of Sections XVIII and XIX

The Government may exempt any person from the provisions of Sections XVIII and XIX upon such conditions, if any, as such Government may consider necessary.

Section 22. Penalty for wilful neglect to give notice of possession of Ammunition & c. in certain cases

The Government may require all persons having in their possession Ammunition or other Military Stores or Sulphur, in any greater quantities than are considered reasonable for private use, to give notice thereof to the Magistrate or other Officer specified by Government; and any person who wilfully neglects to give such notice shall he liable, on conviction before a Magistrate, to imprisonment with or without hard labor for a term not exceeding two years, and shall also be liable to a fine not exceeding five thousand Rupees; and all Ammunition, Military Stores, or Sulphur in the possession of such person or upon his premises shall be confiscated.

Section 23. Power to enter search houses

If any Magistrate have reasonable cause for suspecting that Arms, Ammunition, or Sulphur liable to confiscation are in any house building, or other place, or that any Arms, Ammunition, or Sulphur are in any house, building, or other place in the possession of any person in whose possession they cannot be left with safety to the public peace, or may, with such assistance as he shall think necessary, by night or by day and by force if necessary, enter and search any such house or place, or cause the same to be entered and searched. It shall be competent to a Magistrate to delegate to any of his European Assistants the powers conferred on him by this Section.

Section 24. General search for Arms, Ammunition, & c., may be ordered in any District

The Governor General of India in Council/or the Executive Government of any Presidency or place, or the Chief Commissioners of the Punjab and Oude respectively, or the Commissioners of Nagpore and Scinde respectively, or any other persons authorized by Government, may order a general search for Arms, Ammunition, or Sulphur to be made, by any Officers or persons named in such order, in any District or place specified therein. The persons authorized by such order, and all persons acting under their authority, shall have the like powers of entry, search, and seizure as are conferred by the last preceding Section.

Section 25. Penalty for not producing or for concealing Arms, Ammunition, & c., when search made

If, on any search being made, any person shall refuse to produce or point out to the persons making the search, or shall conceal or attempt to conceal, any Arms, Ammunition, or Sulphur, such person may be apprehended, without warrant, and shall be liable, on conviction before a Magistrate, to imprisonment with or without hard labor for a term not exceeding two years in addition to any other penalty to which he may be subject under this Act.

Section 26. Penalty for making, using, or keeping cannon, & c., without license, in any District to which this Section is extended

After such time as shall he mentioned in the order of Government extending the provisions of this Section to any District or place, or, if no time be mentioned, after one week from the publication of the order in the District or place, no person shall manufacture, use, or have in his possession any cannon, howitzer, or mortar, without a license from the Governor General of India in Council or from the Executive Government, of any Presidency or place. If any person shall manufacture, use, or have in his possession any cannon, howitzer, or mortar, without such license, he shall be liable, on conviction before a Magistrate, to a fine not exceeding two thousand Rupees, and to imprisonment for a term not exceeding two years; and such cannon, howitzer, or mortar may be seized and shall be forfeited to Government.

Surrender of cannon, & c., by persons not willing to take out license for retaining possession thereof. Any person who has in his possession any cannon, howitzer, or mortar at the time when this Section takes effect in any District or place, and who shall be unwilling to apply for a license to retain possession thereof, may surrender the same to the Magistrate within such period as aforesaid.

Exception. The provisions of this Section shall not extend to any cannon, howitzer, or mortar forming part of the ordinary armament of any ship or vessel.

Section 27. Penalty for assaulting or resisting any person in the execution of any power vested in him by this Act

Whoever assaults or resists, or aids or assists any person in assaulting or resisting, any person in the execution of any power vested in him by this Act, shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred Rupees, or to imprisonment with or without hard labor for any term not exceeding six calendar months.

Section 28. Notice and limitation of suits

No suit, action, or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act without giving to such person a month's previous notice in writing of the intended action and of the cause thereof, nor after tender of sufficient amends, nor after the expiration of three months from the accrual of the cause of action or other proceeding.

Section 29. Imprisonment if fine not paid

If any fine or penalty imposed by a Magistrate under the authority of this Act be not immediately paid, the Magistrate may commit the offender to jail, there to be imprisoned according to the discretion of the Magistrate for any term not exceeding six months where the amount of the fine or penalty shall not exceed five hundred Rupees, and for any term not exceeding twelve months in any other case; the commitment to be determinable in each of the cases aforesaid on payment of the amount.

Section 30. Rewards to informers

Any fine or penalty levied from any person convicted of an offence under this Act, or any portion of such fine or penalty, may be awarded to the person on whose information the conviction shall take place.

Section 31. Interpretation of the word Magistrate

The word Magistrate shall include any person exercising the full powers of a Magistrate; and within the Presidency Towns and in the Straits' Settlement, all powers of conviction and confiscation upon conviction given by this Act to a Magistrate, shall be exercised by the Police Magistrates;

Commissioners of Police in Presidency Towns may exercise the powers hereby given to a Magistrate, other than powers of conviction and confiscation. and all other powers given by this Act to a Magistrate may be exercised by the Commissioner of Police, and all notices hereby required to be given to a Magistrate shall in any such Presidency Town or in the Straits' Settlement be given to the Commissioner of Police.

Section 32. Persons having the immediate superintendence of the Police may be vested with the powers hereby given to a Magistrate, other than powers of conviction and confiscation

Whenever in any Presidency or place the immediate control and superintendence of the Police is vested in any person other than the Magistrate or such Commissioner of Police as aforesaid, the Executive Government may order that all or any of the powers given by this Act to a Magistrate, other than powers of conviction and confiscation upon conviction, shall be exercised by such person and that all notices hereby required to be given to a Magistrate shall be given to such person.

Section 33. Act or any part of it to take effect in any District to which it is extended by Government

This Act, or any part or parts thereof, shall take effect in any District or place to which the same shall be extended by order of the Governor General of India in Council or of the Executive Government of any Presidency or place.

Section 34. Parts of District may be withdrawn from the operation of the Act and again made subject to it

It shall be lawful for the Governor General in Council or the Executive Government of any Presidency or place from time to time to withdraw from the operation of all or any of the provisions of this Act any part or parts of any District or place which they may previously have declared to be subject thereto; and in lite manner as occasion shall require, to subject the same again to the operation, of all or any of the provisions of this Act.

Section 35. Duration of Act

The Act shall continue in force for two years.

Section 36. Indemnity to Government Officers for seizure or detention of Arms, Ammunition, & c., before passing of this Act

Any Officer of Government, who, prior to the passing of this Act, may have seized or detained, or prevented the importation of any Arms, Ammunition, Military Stores, Sulphur, or Saltpetre, in pursuance of an order of Government, is hereby indemnified for so doing; and no action or other proceeding shall be commenced or prosecuted in respect of such seizure or detention.