The Arms Act 1959

THE ARMS ACT, 1959 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS I. Short title, extent and commel~ce~neot. 2. Definitions'and interpretation. CHAPTER 11 ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXOOR-' f\ND TRANSPORT OF ARMS AND AMMUNITION , 3. Licence for acquisition and p>js:jsion of fit..: anni avi:zmn~~ition. 4. Licence for acquisition and pxs:srion of arm; of sp::ifi:l d?$:ri:>iion in certai? casss. 5. Licence for minufacture, sale, etc., of armi and amrnuiaition. 6. Licence for the shortening of guqs or convz:s;ol of imi1n:ion fircsrmi into frear~~i. 7. Prohibition of acquisition or pojs:~~ioilo, r OP 1n311,irn:t~~or-r s,.I\c,O F prohibltcl arm; or prohibited ammunition. 8. Prohibition of sale or transfer of firearm; noL baring id:.~!ilicltion m~rks. 9. Prohibition of acquiiition or p~ss%sio:1h j, 01. oi' s:iI,: or trrln;fci. to, y.~il'l: ri:.ij).?T a111 certain other persons of firearm$, etc. 10. Licence for import and export of arms, etc. 1 I. Power to prohibit import or export of arms, ctc. 12. Power to restrict or prohibit transport of:irms. CHAPTER 111 , PROVISIONS RELATING TO LlCENCES 13. Grant of licences. 14. Refuss\ of licences. 15. Duration and renewal or licence. 16. Fees, etc. for licence. 17. Variation, suspension and revocation of licences. 18. Appeals. CHAPTER 1V POWERS AND PROCEDURE 19. Poivar to d::rn~nl pro1 1:Lion of liccncc, ctc. 20. Arrz3t of p:r*~:ls conv:j;ng ar,n:, ctc., ull:r s,li?l:ioui circ$n;!ances. ii Arrangement of Sectrons SBCXIONS1 21. Deposit of arms, etc., on possession ceasing to be lawful. 22. Search and seizure by magistrate. 23. Search of vessels, vehicles for arms, etc. 24. Seizure and detention under orders of the Central Oovernment. 24.4. Prohibition as to possessionof notified arms in disturbed areas, etc. 248. Prohibition as to carrying of notified arms in or through public place in dii? .wbed areas, etc. CHAPTER V OFFENCES~AND1pENALTIES 25. Punishment for certain offences. 26. Secret contraventions. 27. Punishment for possessing arms, etc., with intent to unc tbrmnfor u&#I&-. 28. Punishment for use and possession of firearms or imitation 6reptw incoriaia cam 2 Punishment for knowingly purchasing arms, etc., from unlicaLd penonor For %:awi erir.3 arms, rtc., to person not entitled to poses thesame. 30. Punishment for contravention of licence or rule. 31. Punishment for subsequent off-. 32. Power to confiscate. 33. Offiences by companies. c m VI MISCELLANEOUS 34. Sanction of Central Government for warehousing of arm+ 35. Criminal responsibility of persons in occupation of promises in certain CUR 36. Information to be given regarding certain offences. 37. Arrest and searches. 38. Offences to be cognizable, 39. Previous sanction of the district magistrate necessary in certain caw. . 40. Protection of action taken in good faith. 41. power to exempt. 42. Power to take ceasus of firearms. 43. Power to delegate. 44. Power to make rules. 45. Act not to apply to certain caws. 46. Repeal of'~cti i of 1878. THE ARMS ACT, 1959 (ACT No. 54 or 1959) [23 .G' :t ecember, 19531 An,Act to consolidate and amend the law relating to arms :.nl al-ununition. BE it Enacted by Parliament in the Tenth Year of the Republic of 1nd:a 2 s fo;lows ;- CHAPTER I A PRELLMINARY 1. Short title, extent and commencemeot-(l) This Act may be called the !!.rr IS Act, 1959. 2' (2) It extends to the whole of India. (3) 1t.shall vine into forca on such date! as theCentral Government may, hy ,l:otiEcatiqn in the Oflicial Gazette, appoint. 2. Deiinitioasand interpretation-$1) In this Act, unless the context otherwise 'tp: ?res,-- (a) "acquisition" with its grammatical variations and cognate express ,::n+.i nclildes hiri?g, borrowing, or accepting as a gift ; (b) "ammunition" means aminunition for any firearm, and includes- (i) rockets, bombs, grenades, shells *[and other missiles,] (ii) articles' designed for torpedo sewice and submarine mining. (iii) other articles containing, or designed or adapted to contain, exp:r si :e, fulminating or fissionable material or noxious liquid, gas or other such thing, whet& apahie of use with firearms or not, (iv) chargesfor firearms and accessories for such charges, (v)f uses and friction tubes, (vi) parts of, and machinery for manufacturing, ammunition, and (vii) .such ingredients of ammunition as the Central Govemnment n :: y, by notification in the Official Gazette, specify in this behalf ; (cj- "arms" 'mean's article of any description designed or adapted a.; we;..i:n is for offences: or defence, and includesfirearms, sharpedged and other hdlyw eapons, and pa:.L! c F, aud machinery for manufacturing arms, but does not include articles designed solely for do.?;$s .ic or agricultural 2 uses s6ch as a lathi or an ordinary walking stick and weapons incapable of :~:gk u sed otherwise than as toys or of being converted into sswiceable weapons ;. .-.-- I. 1st ~~to&19,6 2,'vfde~oti~catioNa o. G.S.R. 992, dated 13-7-1%2, seeGawltCOf India, l'l ll %C. Xi) p. 1092. 2. Subs.by Act42of i988,s.Xw.e.f.27-5-1988). 2 Arms Act, 1959 [Smti-ln 21 lL(d) "district magistrate" in relation to any area for which a Commissioner ofPolice kar btan appointed , means the Colnmissioner of Police thereof and includes any such Deputy ilo nmi- ssioner of Polim, exercising jurisdiction over the whole or any part of such area, as may be ;>e.i ficd by the State Government in this behalf in relation to such area or parts;j (c) "fitearms" m a s a rms of any description designed or adaptud to discharge a 1!~j..r,tile or projectiles of any kind by the action of any explosive or other forins of energy, and inclndss,- (iy Artillery, hand-grenades, riot-pistols or weapons of any kinddesignedor adaptei for the discharge of any noxious tiquid, gas or other such things, (11) acwsorias for any such firearms dosigned or adapted to diminish the nois 21 Hash u e d by the 6fhg thereof, (iii) parts of, and machinery for mufactwing, fuearms, and (iv) carriages, platforms and appliances for mowting, transporting and serving %.tii ery; Cf) "licensing authority" m san o&?r or authority empowered to grant or mnev ic :aces under rules made under the Act, and includes, the Government ; YCfn "m~~tratcm"o ans an Executive Magistrate under the Code of Criminal Prc;cfure 1973 (2 of 1974) ;] (g) "proscribed" mean3 prwribcd by rules made under this Act ; (h) "prohibited ammunition" means any ammunition, containing, or designed or sdzpted to conk&, any noxious tiquiages .orotbar such thing, and includes rockets, bombs, g-i:m.des, shells, qmissilas] Prticlas dmiguod for torpedo wrvice and submarine mining and such <.the< aiticles as the Central ~ov&montm ay, by notification in the Official Gazette, s~~cit"o be ammunition ; (i) "prohibitd ann~'' at, (i) firearms so dsalgted or adapted if pressure is applied to the trigger mi-s&s -to bo dish@ until p n s s ~is removed from the trigger or the 1?3gg.uin*. containing tho missilos is ompty, or (ti) =pons of any description designed or adapted for the discharge of any ro i o ~ liquid, gm or otbsr such thing, adb - e , antLqi.FtrrPR en&aDti&u& &oar- and suob o b arm s as the (Cestrai m~ my, by noei6cation in the OBicial h t t e , specify to be prohibitud orar ; 3 Arms Act, 1959, :?at iom 2-31 0)" public servant" has the same meaning as in section 21 of the Indian Peril1 ::ode (45 of 1860) ; . . (k) "lransfer" with its grammatical variations and cognate expressions, inclisie: lettirig 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 measurrd fr~mth e muzzle to the point at which the charge is exploded on firing. (3) Any reference in the Act to any law which is not in force in any area shall, in r-!at on to that area, be construed as a refcronco to the corresponding law, if any, in force in that am?. (4) Any reference in this Act to any oficer or authority shall, in relation to any arm in which a there is no officer or authority with the same designation, be construed as rerfecence to ss~hom cer or authority as may be specified by the Cmtral Government by notification in the OOEinl Gazatte. CHAPTER 11 ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPOI3: AND TRANSPORT OF ARMS AND AMMUNITION 3. Licence for acquisition and possession offirearms sod ammunition-'[(I)] No persol sh 111 acquire, have in his possession, or carry any firearm or ammunition unless he holds in this be~~al :l icence 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 firearms o ammuni- tion in the presence, or under thc written authority, of the holder of thc licence for repair 3r t sr renewal of the licence or for use by such holder. '[(2) Notwithstanding anything contained in sub-section (I), no person, othm t::m a person referfed to in sub-section (3), shall acquire, have in his possession or carry, at any tim, 2ore th an three firearms : Provided that a person who has in his possession more firearm than three at the oc mr. encement of the Arms (Amendment) Act, 1983, may retain with him any three of such iiraarms and she U deposit, within ninety days from such commencemedt, the rcmaininghms with the otEcer in cht rgu of the nearest police station or, subject to the conditions prascribed for the purpose4 of sub smion (I) of section 21, w~tha l~censedd ealer or, where su:h pcrson 1s 3 member of the armed for .ns OF the Union, in a unit armoury referred to in that sub-section. (3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to abji I ~embsorf a rifle club or rlfle association licensed or recognised by theantral Government us j~g2 poi'nt 22 . bow rifle or an air rifle for target practice. (4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply u relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation :o t le dsposi t of any arm or ammunition under sub-section (I) of that section.] 1. S. 3 rooumbered assub-section0 thereof by Act 25 of 1983.9.3 (wa.f. 22- $ 6 -1983). 2. lm. 4 8. 3.. ibid, (w.c.f. Ztb198.31. 4 Arm Act, 1959 [Sections 4 4 4. Licence for acquisition and pwsessioo of armsof specified deseriptioo in certain cast?.-If the Central Government is of opinion that having regard to the circumstances prevailing in any a: r.z t is necessary or expedient in the public interest that the acquisition, possession or carrying of arm o!ller than lire- arms should also he regulated, it may, by notification in the Official Gazette, direct thrt this section shall apply to the area specified in the notification and thereupon no person shall acquire, have in hii passsision orcarry in that area arms of such class or description as may be specified in %at notification unless he holds in this behalf a licence issued in accordance with ths provisions ofthis Act and the rules made thereunder. 5. Lipnce for manufacture, sale, ete., of arms and ammonition-'[(I)] No per so^? sl all- (a) =[use, manufacture,] sell, transfer, convert, repair, test or prove, or (b) expose or offer for sale or transfer or have in his possession for sale, traasfe ., conversion repair, test ot proof, any firear~npo r any other arm, of such class or description as may be prescribed or my imnmnition unless he holds in this behalf a licence issued in accordance with the provisions of :.his Act and the -rules made thereunder. Notwithstanding anything contained in sub-section (I), a person may, w-i:hout holding a 3[(2) licence in this bthalf. 3ell or transfer any arms or ammunition which he lawfully possesses for his own private use toanother person who is entitled by virtue of this Act, or any other kw for the time being in force to have, or is not-prohibited by this Act or such other law fromhaving i :h~is possession such arms or amm unition : Provided that no-firearm or ammunition in respect of which a licence is require3 rnder section 3 and no arms in respect of whtch a licence is required under section 4 shall be so soI.3 cr transforred by any person unless- he has informed in writing the district magistrate having jurisdiction or the o%cer in (0) charge of the nearest police station of his intention to sell or transfer such firearm, ammunition or other arms and the name and address of the person to whom he intends to sell or cransfer such firearms, ammunition or the other arms, and (b) a period of not less than forty-five days has expired after the giving of su.: I ififormation.] 6. Licence for theshortenlng ofgunsor conversion of imitation firearms into firearms-No person Shall shorten the barrel of a firearm or convert an imitation firearm into a fiream anlass he holds in this behalf a licence issued in accordance with the provisions of this Act and thc rules made thereunder. Explanation.-In ihis section, the expression "imitation firearms" means anything H hich has the appearance of being a firearm, whether it is capable of dischargingany shot, bullet or ~therm issile or not. I. %:tior 5 m-n.jnbtrzd as subsection (I) thereof and in sub-wction (I) as so re-numberedthe ?*o!~iuo omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983). 2. Ins. by Act 42 of 1958,s. 3 (w.e.f 27-5-1988). 3. Subs. hy Act 25 of 1983, s. 4. (w.e.f.22-5-19331, 5 .4rmr Act, 1959 [Sections 7-91 7. Prohi!riCion of acquisition or possc.;sion, or of !unnofacturi. 0:. sale, of prchir)iledjarms or prohihit- r-d ammunition No person shall- (a! iiiquire, lia.ie in his po~sessiono r carry; or (c) c.tp,r or oTer f,,r <:I!.: or tra.~sfeor r h~vien hi; ,ir.\i;:3.;i.3.1 f ,r sale, transfer, conversion3 .,., 1 ,.. t.:st for proof. ~ L~I._ I :; i::. ~ilibitdraf rm; or prohibited amnu~iti,mun le;; h? hlj h::,~ ;?::in!'y luthiri'r3 by the Central '; 1;. .,I:.> :!it in th;s kh;:'f. 8. Prohihition of sale or transfer of Rrear~nsn ot bearinn ideiltificltion marks-(/) No person. .!. ,I! .>i.iiti.r?!c rwiovc. :~llctrj r I'o!-~c:~1r~:irvllr . 111rmher or other identification mark stamped or ,,a!, , ,i?z ?I~,n%o;l n ;I lirclrin. ( V n !ill I '. ~ L I 1 .ire I I 1:; I b : : h nun: of the maker, , . : r 0 I i 1 c i i . i . i1 11 r ! n : I o r v ii n w thereon in a I;., , .~; q ~ ~ ~ h~y ~t::cv Cc:'~ltr:iiI G ~vcr:irn::~t. (:) VXJ!~o;cvcrn !l:q I~CI-SOI! iias i ;I~iis lptw:s<i@n;i n!' firearm wi:h(iut such namc, n~~mboerr o tl~et ;,,~:.!l.i~ic::tionn inr: on wh;ch .:~tchn ame, nomhor or :)the:. i:lc:lti'ic!ttion mark has !).:en ohliierated, .,.;!Idved, :?!te!.s<Cl rr forc:~l. i! sllail I!:~ ,!-cs'~mcuniil e;s the contrary isprovzi, that he hag obliterated. ,,.~;loved.a ltered or ftirge~lt hat natn:?. numh~ro r other i~lcntiiicalio:m~n rk : I)! iviil.:;! t!ilt in rzl:iti:iii 1 p:r.,>i w;lx?I ias it1 hi:; !i~i'i:i;i~I :~It h :: C~II~M:~ICITI~I~~ of this Act .::?; I;;-;:.i.~i~v;;~h~S~UutL n~- m:, nu!n:x!. i ~ott tisr identifi::lli,,l~ m ir!. slampid oi otherwise shown !.h;rc:>q. !hz provisions of ihi?s uh.sr~.tin;i i!la!I nnl take rR:ci u;itii dtcr the expiration of one year I: oln ,.uch c~~mmencernent. 9. I'ro!~ihitiono f acquisition o: px;.:rsio~ by, or of .ink or tranirer ta young persons and (certain other nersoav of fire arm% etc: -(I) Yotwith'rta~11iinxa nythin,o in tile foregoing provisions of t hi.; Act-- (;) who lha.; not completxl thc age of 2[twenLy-one yzars], or (ii) who hasbetn S-nten.:c~i o , c~.) nviclio:l of ally uff211ce involvi~lgv io!anc: or moral tl~rpitudeto imprisonment for31any termlat any time during a period of five years after the expiration of the sentence, or (iii) who hasbecnordered to execute under Chnpter VIIl of the a[Code of Criminal Frocc~lare.1 97.3 (2 of 1974)l 3 bond for keeping 1116 peace or fol. good behaviour, at any timc durin:? tlie icrln of 111: l)onJ. -~ ~ . ~~ ~ - - ~ ~ ... ~ ~ - I. s:!'~. b:i Act 41 of 1938,s. 4 (w.e.f. 27-5-1938). 7. Sulli. by Act 25 01 1933. s. 5 (w.e.f. 22-6-1983], 6. A m A d, 1959 [Sxtit %-II] (b) no person shall sell or transfer any firearm or ammunition to, or convert, q lir, tato r prove any firearm or ammunition for, any otherpcrson whom he knows, or has reasc? believe- (i) to be prohibited under clause (a) from acquiring, having in his possessi I I c r cao ying any hearm or ammunition, or (ii) to be of unsound mind at the time of such ralezor transfer. 'or iw 1 ;o nmaion, repair, test or proof. (t) Notwithstanding anything in sub-clause (i)o f clause (a) of sub-section (I), a p?ncn who h a attained the prescribed age-limit may use undex prescribed condition such 6reama a, may ba prescribed in the course of his training in the use of such k m s : Provided that different age-limits may be prcscribcd in relation to different of harms. 10. L i m e f or import and export of unm, &.--(I) No person shall bring into, c r tr kc ost of M aby sea, land or air any arms or ammunition unless he holds in this behalf a licence iw rtd in ao- oordancc with the provisions of this Act andthe rules made thereunder : Provided that- (a) a person who is entitled by virtue of this Act or any other law for the ia bekg in force to have, or is not prohibited by this Act or such other law from having, in h : 1o mion any arms or ammunition, may without a liana in this bchslf bring into, or take ?11t of, lndia such arms or ammunition in reasonable qwtiticcl for his own private use ; (b) a person being a bonafide tourist b=longingto any such country as the Cen - tl Go-- ment may, by not~ficationin Lhe O5cial Gazette, pacify, who is not prohibited b: ih laws of that country from having in his possession any arm or ammunition, may, wit1 uuf a lic+ncs under this section but in accordance with such conditions as may be prescribad. br ng with him into India arms and ammunition in reasonable quantities for use by him f3- ?urpossg only of sport and for no other purposa Explanation.-For purposss of clause (6) of this proviso, the word "tonrist" m ~ aa p m n who not being a citizen of India visits India for a period not oxcaeding six montb sE!h oo other object than recreation, sight-weing, or participation in a representative capacity in mereti igs con- wried by the Central Government or in international conferences, associations or o Ler bodies. (8 Notwithstanding anything contained in the proviso to sub-section (I) where tb* u llector of m m s o r any other uRicer empowered by the Central Government in this behalf has zry loubt as w (he applicability of cluase (a) or clause(b) of that proviso to any penon who claims the t such C~~UBB k applicableFo him or as to the reasonableness of tho quantities of arms or ammunition ic ihe pose. II.m of any person referred to in such clause, or as to t& use to which such arms or a m:m i ion may bow by such person, may detain the anns or ammunition in the possession of such pwon until bo miveg the orders of the Central Government in relation thereto. (#) Arms aoi ommuaition taken fromone part ofSIndiat o another by sea or air c r a yoss any L a i n gte rritory not forming a part of India, are taken out of, and brought into, Iniia f~thmthe mning of this section. 11. Power to prohibit import or export of arm?, &.-The Central Oovemment may, nn t&pion 1s the Official Gazette prohibit the btinging into, or the taking out of, India, arms or arun: ,&on of rrrL rhuma and descdptions as may be rpui6ed in the notification. Arms Act, 1959 12. Power to restrict or prohibit transport of rrmb(1) The Central Govmuncat ma,r, t r mti- Boation in the O5cial Gazette,- (a) direct that no person shall tr~nsporotv er India or any part thereof arms or ar - m dtic13n of such classes and descriptions as may bs spdlled in the noti6cation unless ha holds in 't~bio half a li~nciess ued in accordance with the provisiom of this Act and the rules ma& t&sr.saxh dar r; (b) prohibit such transport altogether. (3 Arms or ammunition trass-shipped at a aeapon o.r a n airport in India arc tnnsp?m d d& in the meaning of this section.' PROVISIONS RELATING TO LICENCES 13. Grant of liceoces--(0 An application for tho pant of a lioonca n& Chaptar- T i r-h.U& - -,=- made to the licensing authority and W be in such form, coatain such partidm and sa panied by such fee, if any, as may be prescribed. q(2) On receipt of an applioation, the ticansing authority shrrli call h rt he W r to f C-x0 - in charge of the nearest police station on that application, and 8uch o* shall & +& within the prescribed time. (2A) The licensing authority, after such inq*ry,if any, as it may, wnddcr e ad afftsr -1, considering the report received under sub-don (3,s hall, subject to tho bther pravis?o~f ~t h Chapter, by order in writing either grant the licence or refine to grantthe same : Provided that where the oafcer in charge of thp noarsst poWb@tios&m wt wgd v~ I& the application within the prescribed time, the liccnu~@au thority may, ifit- &, , bkroh after the expiry of the prescribed time, without further wajting for that report.] (3) The licensing authority shall grant - (a) a licence under secti~n3 where the liceace is required- (i) by a citizen of India in respect of a smooth bore gun having a baml of clot fian twenty inches in length to be used for prote~tiono r sport or in mspeet of p Z K 0~ lo ^. ing gun to be used for b ofj~de m op protection : Provided that where havingregard to the circumstancta of any cam, the lioetrh,; aIfflu? rity is satislied that a muzzle loading gun will not be hfkiont for crop prom a~q'tk licensing authority may grant a licence in re$W of ally OWst aooth bore la 8 for such protection, or (ii) in respect of a point 2 ~omriaoer an air riib to be used for target*> p, a @ a member,of a rlfle club or rifle ~OCiationIi ccaaed or rcwgnieed by $lie &t- @ c a m i (b) a licence under section 3 in any other caw or a liance under section 4, a*& 5, seotion 6, section 10 or section 12, if the bxmsing authority is satisfied that fh peram by whom the licence is required has a good reason for obtaining the'.saia< 8 Anns Act, 1959 [Sections 14-17] 14. Refusal of licences-(I) Notwithstanding anything in section 13, 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 11,- (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 licenc under this Act ; or (ii) where the liecnsing authoirty 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 sulllcient property. (3) Where the licensing authority refuses to grant a liccnw to any person it shall record in writing the reasons for such refusal and furnish to that person on dezand a brief statement of the same unless in any case the licensing authority is of tho opinion that it will not be in the public interest to furnish such statement. 15. Duration and renewal of licence-(l) A licence under section 3 shall, unless revoked earlier oontinue in force for a period of three years from the date on which it is granted : Provided that such a licence may be grnted for a shorter period if the person by whom the licence is required so diesires or if the licensing authority for reasons to be recorded in writing c onsiders in any case that the licence should be granted for a shorter period. (2) A licencz under any other provision of Chapter I1 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 tlie licensing authority for raasons 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. 16. Fees, etc., for licence--The fees on payment of which, the condition 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 coilsidered necessary by the licensing authority in any particular case. 17. Variation, suspension and revocation of ~~~~~~~(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescrib- ed and may for that purpose require the licence holder by notice in wtiting to deliver-up the licence to it within n,ch time zs may I>es pecified in the notice. 9 Arm Act, 1959 [Sffitions 17-18] (2) The licensing authority may, on the application of the holder of alicenca, also vary the conditions of the licence except such of them as have been prescribed. (3) The licensing authority ma) by order in witing suspend a liecenca for such pon~dsaa 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 licencz under this Act ; or (b) if the liecensing authority deems it necessary for the security of tho fublic pace or for public safety to suspend or revoke the licence ; or (c) if the licence was obtained by tho suppression of material information or on tho basis of wrong information provided by the the holder of the licence or any other person on his behalf at the time of applying for it; or ((I) if any of the conditions ofthe licence has beon 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 Iicensingauthority may also revoke a liens on the application of the holdor 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 rewrd in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of :he 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 autho~ityto 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 autho- rity; and the foregoing provisions of this section shall, as far as may be, apply in relation to tho suspension or revocation of a licence b) suchauthority. (7) A court convicting the holder of ailicencc of any officnce under this Act or the rules ma& thereunder may also suspend or revoke the licence : provided that if the conviction ib set aside on appeal or otherwise, the usp pension or revoca- tion shall become void. (a) 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 licensing authority to suspend or revoke all or any licences granted undor this Act throughout Indin or any part thereof. (lo) On the suspension or revocation of a Licence under this section the holder thereof shall delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may bc specified in this behalf in the order of suspension or revocation. IF. Appeals--(I) Any person aggrieved by an order of the licensing authority refusing to grant a licente 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 ;dn appeal against that order to such authority @ereinafter referred to as the appellate authority) and within such period as mny be prescribed : Provided thnt no lppenl shall lie against any order made by, or under the direction of the Govern?r!:r. A m A ct, 1959 [Sections 18-21] (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribct! the:efor : Provided that an appeal may be admitted after the expiry of the period prescriLtJ iherefcr if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation thereunder. (4) Every appeal under this section shall be made by apetition in writing and shzll be accompani- ed by a brief statement of the reasons for the order appealed against where such statemsnt has been furnished to the appellant and by such fee as may be prescribed. (5)I n disposing of an appeal the appellate authority shall follow such pro;cllure as may be prescribed : Provided that no appeal shall be disposed of unles; the appellant ha: b:sn giv:n? r:ai~nabI~ opportunity of being heard. (6) Theorderapp~aledagainssth all, unle3s the appellate authority conditi3.ixlly or uncondi- tionally directs otherwise, be in force pending the disposal of the appeal against such order. (7) Every order of the appellate authority confirming, modifying or r-versinz the order appcal cd against shall be final. POWERS AND PROCEDURE 19. Power to demand production of lieoce, etc.41) Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the produstion of his licence from any person who iscarrying 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 oflicer concerned may require him to give his name and address and if such o5cer considers it necessary, seize from that person the arms or ammuni- tion which he is carrying. (3) If that person refuses to give his name and address or if the officer coccrned suspects that prson of giving a false name or address or of intending to abscond, such officer !ua:/ arrcst him without wartant. 20. Arrest of persons conveying arms, etc, nnder snspicions cimumstances-Whcre any persou found carrying or conveying any arms or ammunition whether covered by a licence or !lot, in such manner or under such circumstances as to afford just grounds of suspicio~tlh at tl:e i:;inc -re or is being carried by him with intent to use them, or that the same may be used, for ally unla\rful purpose anv magistrate, any police officero r any other public servant or any person emplo!,ed or working, upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may .irrcst him without barrant and seize from him such arms or ammunition. 21. Deposit of ~rmse, tc, on possession ceasing to be lawful--(I) Any person having in his posses- sion any arms or ammunition the possession whereof has, in consequence of 'thc expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under section4 or by any reason whatever, ceased to be lawful, shall withou: unnecessary delay deposit the the same either with the officer incharge of thc 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 establish- ment ofthe Indian Navy. I I Arms Act, 1959 (Section8 21-24] (2) Where arms or ammunition have or has been deposited under sub-section (I) the depositor or in the case of his death, his legal representative, shall, at any time before the expiry of such period an 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 penon entitled by virtue of this Act or any other law for the time being inforce 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 dispod of anything of which confiscation has been directed under section 32. (3) All things deposited and not ~eccivedb ack 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 respcct of a thing covered by the licence during the period of suspension. (4) Bcfore making an order under sub-section (3) the district magistrate shall, by notice in writing to be served upon the depositor or in thcfoase of his death, upon his legal repr~sentativei,n the prescribed manner, require him to show cause within thirty days from the service of tho 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, thc 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. 22 Search and seiznre by magistrnte-(l) Whenever any magistrate has reason to believb (a) that any person residiag within the local limits of his jurisdiction has in his possession any arms or ammunition for any unlawful purpose, or (6) that such person carnot 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, causc a m c h t o be made of the house or p d s e s 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 beinginfozce 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 Govern- ment. 23. Search of ves%?Is, vehicles for arms, etc.-Any magistrate, any policc officer or any other officer cpecially empowered in this behalf by thecentral Government, may for the purpose of ascertaining whether any contravention oC rilis Act or the rules made thereunder is being or is likely to be commit- ed, stop and search any vessel, vehicle or other means of conveyance and seize any arms or ammunition that m yb e found therein along with such vessel, vehicle or other means of conveyance. 24. Seizure and detention under orders of the Central Government-The Central Government may at any time order the seizure of any arms or ammunition in the possession of any person, notwith- standing 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 sams for such ;period as it thinks nececsBrJ for the public peace and safety. . '[tlA. Prohibition le to possedon of 110liBcd urns Indishbed w ~ l@,& --(I) Whem :I78 2entral Goverument is satisfied that there is extensive disttubana of public peace and trkquilit-i o: immi- nent danger of such disturba'nca in any area and that for the prevention of offences itis-nlvn g the use of prms in such area, it is necessary or exptdient so to do, it may by wti6ul;o!i in the W a l G azette-- (a) IpQCify the Wtn of such area ; (b) direct that befom the wmmommeat of the period rpodibd in the notifioa:!< o (which period shall be a pcriod commencing from a date not carlim thgn the fourth day sf e r :hc dste of publication of the notification in the Ofacial Oazettc), wasy person having in his pt i!,seision in such area any arms of such description as may be apccikd in tho notiibtion (the anrs s > spek fied being hereafte~in this section referred to as notified arms), shall deposit the same -2fe re su:h r commencement in accordance with the provision of &on 21 and for this pvporc he posses- sion by such person of any notified arms, ahall, notwithstanding anything wntai 1.d in any othor provision of this Act (except acction 41) or in any other law for the time her ug ;1 fom, u from the date of publication of such noti6ation in tho 05ci.l Oazettc bo deem -d 'o havo IZ ceased to be lawful; (c) declare that as from tba commencement of, and until tho explfy of, the peri sd t pecified in the notification, it shall not bo lawful for any pcnon to hrvo in hirporrnrjon io rr oh ax= any notified arms; (d) authorisc any such o 5 ms ubordinate to tho Csntral Gowmmont or a State c?ou rtnmrmt aa may be specilied in the notification,- (t)tosearchatany timeduringtbopsriod~intlmenoti&ationan:p cm in, or passing brolrgh, or any prsmisas in, or any .oimPI or voercl orwWo r other mx veyauca of whatever nature in or passing through, or any or 0 t hc ontainor P, whatever IU!IKO in, such area if such ol%oer has mason to bkvet hat my notihd arms an sccwted by such person or in such premiss or on such animal or in m h vehicle or otlm conwy- lncb 0rin~Uoh~taclaorothCT~0~~; (ii) to seize at any time during the period speoifiod in the noU6cation any n r'.i6 XI arm in the passmion of any person in auch mo r d&covod through a starch under si11x la-), md daurin tho same during tho mod speoifbd in tho notikation. (3 Tkc period s W e d i n a notification iguod under aubudon (1) in respect of an y ma ball not, in the 6rst instance, exceed -ys, but tho Ccmeal Oowmmant may F I I ul ~ auch notihtion to extend such period from time to tima by my poriod notmraadhrg ninety day at any . one time if, in the opinion of that Government, there oontinuss to bs in such area such dis. ( u t aof~ ~ public peaa and tranquil~tya s is referred to in sub-section (I) or imminent danger them a id tht ) for the prevention of offenwe involving the use of arms in such area it is nacossary or cxpt2ioi t so to .-. do. * (3) The provisioas of the Code of Criminal Roosdmu, 1973 (2 of 1974), relating to s~unaeasi d sdzmsshall, so far as may bo, apply to any searoh or soizum made undor sub-section (I). (4) For tho purposes of this section,- % (a) "arms" includes ammunition; (b) where the period specified in a notifleation, asoriglnally hued under aub.~"~n (0, k extended under sub-section (2). then, in relation to such nothication, mforrmcm in slnF ~~1scction (1) to ''the theperiod speoi6ed in tho notihtion" shaU be construed as referemas t~+,A !p eriod aamaxbded. 13 A m A ct, 1959 [E,l.tk m 2431 . m t l mas to aqhg of notifled uau In or through pbUc plaad h -bed utm b- (nmm theCentd Government is satisfiedthat them is oxtcmsive disturbam of public ~xao awl tnaqficY or W o n td anger of such disturbance in any a m a nd that for tho prevention I " c T m ~ s involving the use of arms in such area it is naassary oraspedieat m to do, it may, by not 'mt im ;la the om~oaZctte,- (a) rpsdif. the limits of m ha rea; (b) dircct that during tho period speoified in the noti5catim (which porid shall 16. a -@cd oommancing from a data not earlier than the s~wndda y after tb date of publication 6 ' P1 n not:- &ation in tho 0fl;ial Owatb),n o person shall carry or otherwise have in his po8s.t si ,n my amus of suah doscription as may be s@od in the notification (the anns 60 spsciesd "hair$ hem- w i nth is acati011 r o f d t o as notified crrms) through or in any public pl.0 in mc s ; \ (c)-authorise any-such o5ar subordinate to the Central Govenuncnt or a State Cc tc pmo it as m yb o ~pcilidin the notikation,- (0 to search at any time during thewrid spodllal in the notiecation any pr4 YOI m t r passing through, or any premises in or forming part of, or any animal or wssel on 01 lcb or other conveyanw of Feliatever nature, in or pasaiDg through, or any ma@ao"u o 0 t h contain01 of whatever nature in, any public p b if such area~ins wh of&m hm lrrr son io bcliqo that any notified arms am wxctcd by such pmm or in such prank c n swh 4); &a1 or in such vcssel, vehicle or other u6kynm or fn such m t s d oo r othe~cc . t s m; (10 to scizs at any time during the period 6pccMed in the notifiolltion any no >fluI being carried by or othrrwisa in tho p o d o nO f any person, through or in a pnbTi? F iaca in sucb ares or dimvnod through a sea'& undsr 8Ub-Ol8~ (0 , and dstain tho same L' tu ng txe paid specified in the nowon. (~Tbs@odspeoieedinano(idoa0taalar~nndar~(I)inmpcctofmyarsebi~ ill not, ia tbc first ina&nce, exceed ninety days, but tbs Central O o v ~ e pmta) amend such E intijcati In to atend such poriod from time to timo by any period not exwoding nhty days at any ono tiz Q ifif la t be opinion of that Government, there continues to be in such sna suoh diuturbanw of pAali: p cn* and tnquility as is rsfen'od to in subsection (I) or imminent danger thcmof and that xi po f,t- m hof off- involving tho use of anns in such areait is ncmssluy or axpsdicmt 80 to do. / (3 mI e prmrislona ofthe Codo of C r h i dP rocednte. 1973, (2 of 1974), relating to sear -,be and &~JXOS shall, w far as may be, apply to any soaroh or scinve made under subsection (I). (0) "anna" inclndes ammunition ; (6) "public plats" means any place intended f6r u# by, or d b l e to , the pu :a!jljc or my @of the public; and (c) where th period specified in a n~tiecariona, s originally issued undm i++sbec tiiin (I), is oxtapled under sub-saXion (2). thsn, in mlation to such notification, ref- rs n sub 8 &ion (I) to "the period specified in tho notification" shall bP ons st rued as mfewiw to the prlod~coaxtMIdob1 Arms Act, 1959 [Section 251 CHAPTBH V OFFENCES AND PENALTIES 25. Prmi4hment for eertaho6eoees--'[(l) Whwver- (a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or tran$fer, or has in his possession for sale, hawfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or (b) shortens the barrel of ajfirearm or wnverts an immitation firearm into a firearm in contra vention of section 6; or * Y* (6) bring into, or takes out of, India, any arms or ammunition of any class or description in contrawmtion of section 1 1, . shaU 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 he. 3[(IA) Whoever acquires, has in his possession or cames any prohibited arms or prohibited ammunition in wntravention of section 7 shall be punishable with imprisonment for a team which shall not be less than five years, but which may extend to ten years and shall also be liable to fine. (IAA) Whoever manufactures, sells, transfers, converts, repairs, tests or proves,! or exposes or o5e'en for sale or transfer or has in his posswsion for sale, transfer, conversion, repair, test or proof any prohibited arms or prohibited ammunition in contravention of section 7 shaU be punishable nit11 imprisonment for a term which shall not be less than seven vears but which may extend to imprison- ment for life and shaU also be liable to fine.] a[(lAAA)] Whoeverihas in wntravention of a notification issued under section 24A in his posses- sion or in contravention of a notification iSsued under section 24B curies or otherwise has in his posmsion, any arms or ammunition shall be punishable with imprisonment for a term j which shall not be less than '[three years, but which may extend to seven years] shall also be liable to he. (IB) Whoever- (a) acquires, has in his possession or:cames anylhrm or ammunition in contravention of section 3: or (b) acquires, has in his possession or carries in any place specified by notification section 4 any arms of such class or description as has been specified ,in thatjjnotification in contravention of that section; or (c) seUs or transfers any fiream whichvm[not besr the name of the maker, manufaetwS numk or other identification mark stamped or otherwise shown$h-@s,;required ;by sub- saction (2) of section 8 or does any act in contravention of sub-section;(l) of that *section; or (d) Wig a person to whom sub-clause (ii)@r sub-claw (iii) of clause (a) of subsection (I) of section 9 applies, acquires, has in his powwion pricarries ,any harm oram munition in oontravention of that section; or (e) sells or transfers. Or convarb, r ~ p h t,oO tsbr Proves any~fircarm;or~ammunitioni n contravention of clause (b) of sub-section (I) ofsectionp; ?or (f) bimp into, or takes out of, ~ndia~~rm~~o~mmunition~~~aofm sterdoas~ ~mtio~~ 10; of 1. WlbabyMZlroT19g3.s.8(wafI~I98~ 2 Omitted byM4 2of 1988, r 5 (waf. 27-5-1988). 3. Rmumbssd d ins. by a 5, fbld(w.of. 27-5-1988). 4 Subs. by Act 39of1985, s. 2 forcerlain words. Arrns Act, 1959 [Section 251 (g) rransports any arm3 or a~nmunitioninc ontravention of section 12; or (11) Fails to deposit arms or atnmunition as required by sub-section (2) of section 3, or iub-section (I). of section 21 ;or . . (i) being a mkiufacturer'of, or dealer in, arms or ammunition, fails, od being required to do so by rules made under section 44, to iuaintaina record or account or to make therein all such entries as are requid by ruch rules o~intentbnallym akes a false mtry therein w pwents or ,>bstructst he inspection of such record or account or the making of copies of entries therefrom .>r prevents or oSjLruct, t h entry into anypremiscs or other place where arms or ammunition are ar is manufacturzd or kept or intentionally fails to exhibit or conceals such arms or ammunition r~fui:, to p.>into ut whx2 the same am or is manufactured or kept, !: >hall be punishable with imprisonment for a team which shall!-not be las than '[one vearl but which run: ~xtendto three years and shall also be liable to fine : Provided that thc Couri mJy Tor any adequate and special reasons to be recorded in the judgment inlpcse a sentence of imprisonment for a term of less than '[one year]. -i(lC) Notwithstnnding anything contained in sub-section (IB), whoever commits an offence punishable under that sub-section in any disturbed area shall be punishable with lmpnsonment lor a ccrm which shall not be less &an three years but which may extenrl to seven years and snall also be iiahir to fine. 'Irp1anarion.--For ,the purposes of this sub-section, "disturbed area" means any area declared io ae 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 .yecified by notification under section 24A or section 248.1 :2) Whoever being a person to whom suklause (i) of clause (a) of sub-section (I) of section 9 ,tpplles, acquires, has in his possession or carries any firearm or ammunition in contravention of that .ectian shall bz punishable with imprisonment for a term which mzy extend to one year, or with finc orwith both. .[(3) Whoever ~~1o1rs tr anifers any firearm, ammunition or other arms- (i ) withoot informing the district magistrate having jurisdiction or the officer in charge of the .-.<?-it police .itation, of ths intmded 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 informa- :.on to such district Imagistrate or thz oflicer inchargsof the police station. I., c,>htravention of the provisions of clauseJa) or clause (b) of the proviso to sub-section (2) of ,=tion 5, ?hall h: pun~shablcw ith i~nprisonmentF or a tern1 which may extend to six month3, or with five of an amounl which may extend lo five hundred rupees, or with bothl. (4) whoever fails to deliver-up a licence when so reqkrzd by th; li&sing authority under sub- in ,:.ction (I) of section 17 for the purpose of varying theconditions sp&ifi;d the li--dr fails to iudnder a licance'fd the appropritttl authority tlridet sub-sectioh (10). of that section onits suspension ;,r. momtion shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend tofive h. undred rupees, or withbpth. ~ ! Subs. by Act 39 of 1985, s. 2 for "& mo"nt.hs ". . . , . , . . P . ~ .~ . IN. by S. 2, ibid. . sob<. by Act 25 of 1983, r. S (w.e.f. 22-6-1983). 16 Arms Act. 1959 [Sections 25-29] (5) Whoever. wh:n rcquirzd undjr s-crion 19 to give. his nams and address, rsf~~setos give such *me and addrzs$ or gives a name or addrsjs which subsequ?ntly tran~piresto be falsl: shall be punish- able with imprisonment for a term which may extend to six months, or with fine of an amount which may exlend to two hundred rupees, or with both. 1126. Secret contravention%-(I) Whoever does any act in contravention of any of the provisions of section 3,410 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 elnployed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonm:nt 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 section 5, 6, 7 or 11 in such manqel ns to indicate an intention that such act may not be known to any public servant or to any person emplayed ,or workhg upan a railway, aircraft, vessel, vehicle or any other means of conveyance, shdll 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 co~~ceaaln y arms or ammunitson, shall be punishable with imprisonment for a term which may extend to ten years and also with fine.] "27. punishment for using arms, etc.-(l) Whoever uses ally arms or ammunition in contraven- tion of section 5 shall be punishable with irnprisomnent for a term which shall not be less then three years but which inay extend to seven years and shall also be lieble to fine. (2) Whoever uses any prohibited arms or prohibited ammunition in contraventio~o~f section 7 shall be punishable with imprisonment for a term which shall not be lesg than seven years but which may extend to imprisonment for life and shall also be liable to fine. (3) Whoever uses any prohibited arms or prohibited ammunition or does any'act in contravention of section 7 and such use or act results in the death of any other person, shall bc punishable with dtath.] 28. Poaishment for use and possession of Brearm or imitation Brearm in certain emes--Whoover or attempts to makeany use whatsoever of a firearm or an imrnitation iirearm with intent to resist or prevent the lawful arrest or detention of himself Or any other person shall be punishable with imprisonment for a term which may extend to seven years *[and with fine]. ~x~lanarion-In this section the expression "imrnitation firearm" has the same meaning as in section 6. 29. Ponishment for LnOwinglY Purchasing arm, etc., from unlincensed person or for delivering ilrms, etc.. to person not entitled to possess the same--Whoever- (a) purchases any firearms or any other arms of such class or description as may be prescribed or any ammunition from any other penon knowing that such other pzrson is not licensed or authorised under section 5; or (6) delivers any arms or ammunition into the possession of another person without previously nbcertaining 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 ~uoishablew ith imprisonment for a term which may extend to r[thm years, or with he, or with both]. - -- __ - I - . ~ su bs ~ . hy Act 25 of 1983,s . 9 (w.e.f. 22-6-1983). ~ . 2. Subs. by Act 12 of 1988, r. 6 (w.e.f. 27-5-1988). 3. Subs. by Act 25 of 1983, s. 10, (w.e.f. 22-h-1983). 4. Subs. h! r. 11, ibid., (w.c.f. 22-6-1983). 17 Arms Act, 1959 ~SeOtiOns3 0-34) 30. pmiqhment for conhaventiom of licence ot role-Whoever contravenes any condition of a licence or any provision of this Act or any rule made therounder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to qsix months], or with line which may extend to '[two thousand] ntpe:s, or with both. 31. Pmishment for subsequent oEences-Whoaver having bean convictad of an offence under this Act is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence. 32. Power to confrseate--(I) When any person is convicted under this Act of any offence commi- tted by him in respect of any arms or ammunition, it shall be in the discretion of the convicting wurt further to direct that the whole or any portion of such arms or ammunition, and any vessel, vehicle or other means of csnveyance 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 conkcation may also be made by the appellate wurt or by the High Court when exercising its powers of revision. 33. Olfence by companies-(I) 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 responbsile 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 (I) where an offaaa, under this Act has been committed by a company and it is proved that the offence has bean committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other ofticer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offencea nd shall be liable to be procded against and punished accordingly. Explanation-For the purposes of this section- (a) "company" means any body corporate, and includes a firm or other asoociation or individuals; and (b) "director", in relation to a firm, means apartner in the Brm. CHAPTER1V MISCELLANEOUS 34. Smction of Cenhd Government for Warehoming of ArmsNotwithstanding anything con- tained in the 2[Customs Act, 1962, (52 of 1962)l no arms or ammunition shall be deposited in any warehouse licensed under s[section 58) of that Act without the sanction of the Central Government. - - -- - .- . -. ~ 1. Sub. by Act 25 of 1983, s. lZ(w.c.f.22-6-1983). 7. Subs. by, s. 13, ibid, (w.c.f. 22-6-1983). 18 Ar:fls. ,!c!, I959 [Sections 35-41] 35. Criminal responsibility of persons in occnpatlon of premises in certain cases--Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint contro? of uvcral persons, each of such persons in respect of whom there is reason to believe that hewas aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone. 36. Information to be given regarding certain offences--(I) Every person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which rhall 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 I of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give informatioo to the officer in charge of thc nearest police station regarding any box, package or bale in transit which he may have reason to suspcct contains arms 01 ammunition in w- , pact of which an offence under this Act has been or is being committed. 37. Arrest and searches--Save as otherwise provided in this Act,-- (a) all arrests and searches m3de under this act or under any rules made thereunder shall be carried out in accordance with the provisions of the '[Code of Criminal Procedure, 1973 (2 of 1974)], relating respectivcly to arrests and searches made under that Code; (b) any person arrested and any arms or ammunition seized under this Act by a person not being a n~ngistraleo r a police officer shall be delivered without delay t6 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, sacicnt sureties, procedure that person and those things without delay before the magistrate. 38. OfTences to be cognizable--Every offenceu nder this Act shall be cognizable within the meaning *f the l[Code of Criminal Procedure, 1973 (2 of 1974)l. 39. Previous sanction of the district magistrate neceswy in certain -No prosecution 5 ~ 1 b instituted against any person in respect of any offenceu nder section 3 without the previous sanction of the district magistrate. 40. Protection of action taken in good faitb-NO suit, prosecution or other legal proceeding shall fie1 d-t any person for anything which is in good faith done or intended to be done under this Aa. 41. Power to exempt-Where the Central Government is of the opinion that it is necessary or rxpuiient in the public interest so to do, it may, by notification in the Official Gazette and subject to sugh conditions, if any, as it may specify in the notification,- L (a) *[exempt any person or class of persons (either generally or in relation to such desc;ip. tion of arms and ammunition as may be specified in the notification)], or exclude any description of arms or ammunition, or ~ithdrawa ny part of India, from the operation of all or any of the provisions of this Act; and I. Cuba. by Act 25 of 1983,s. 14, (w.e.f.22-61983). 2 Pub. by Act2501 1983.a.15(w.o.f. 22-61983). 19 Arm Act, 1959 [Sections 4 1 4 1 (b) as often as may he, cancel auy 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 provie*'I ons. 42. Power to take census of fire-er~w-(l)T he Central Government may, by notification in the Official Gazette, direct a census to. be taken of all firearms in any area and empower any officer of Government to take such census. (2) On the issue of nny such notification all persons having in their possession any firearms in that area shall furoish to the officer concerned such information s he may require in relation thereto and shall producc before hini such firearms if he so requires. 43. Power to delegate-(I) 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 tllc 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 Governmcnt or such officer or authority subordinate to the State Government as may be specified in the notification. (2) Any rules made by the Central Government under this Act may confer powen or impose duties or authorise the conferring of powers or imposition of duties upon any State Government or any officer or authority subordinate thereto. 44. Power to make roles-(I) 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 appointm~ntj,u risdiction, control and functions of licensing authorities l[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 ant 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 payablc in respect of any application for the grant or renewal of a licence and in respect of any licene granted or renewed and the manner of paying the same; (f) the manney in which the maker's name, the manufacturer's number or other identification mark of a firearm sball be stamped or otherwise shown thereon; (g) the procedure for the test or proof of any firearms; (h) the firearms that may be used in the course of training, the age limitsof persons who may use them and the conditions for their use by such persons; - -- - - I. Ins. by Act2501 1983, s. 16(w.e.f.22-6-1983). 20 Artm Act. 1959 [Seaions 44--46 J (1) the authority to whom appeals may be preferred under section 18, the procedure to b. 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)t he mainten- of records or accounts of anything done under a licance other than a licence under section 3 or section 4, the form of, and the entries to be made in, such reoords or accounts and the exhibition of such records or accounts to any police o 5 m o r to any 051x1o f Goveinment empowered in this behalf, (k) the entry and inspection by any police o5wr or by any officer of Government empowand in th~sbe half of anv ~remiscso r other dace in which arm 01 nmmunitioo arc or is manu- factured or in which or ammunitioi are or is kept by a manufacturer of or dealer in such arms or ammunition and the exhibition of the same to such offioer; (0 tlls conditions subject tu whlch atms or ammunition may he deposited with a licanscd dealer or in a unit amoury as required by sub-seeiion (I) of section 21 and the period on the ex- pity of wbich the things so deposited may be forfeited. (m) any other matter 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 peiiod of thirty days which may be comprised in one session or in l[two or more successive sessions, and if, before the expiry of the session immedia- tely 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 ht made, the rule shall there after have deot only in such modified form or be of no effect, as the case may he, so, however, that any s~ichm odification or annulment shall be without prejudice tc the validity of anything previously done under tht mle. 45. Act not to apply in certain -Now in this Act shall apply to- (a) m so r 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, tmt or proof, tha d eo r transfer or the import, export or transpart of atms or ammunition- (i) by or undct orders of the Central Government, or (ii) by a public servant in the course of his duty as such public servant, or (iii) by a member of the National Cadet Corps raised and maintained under the National Cadet Corps Act, 1948 (31 of 19428 , or. by .any officerenrolled person of the Territorial Army raisea and maintaincdunder the emtonal 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 mtmbtr of such other force8 as the Central Govcnunent may, by notification in the 05cial Gazette, specify, in the course of his duty as such member, officer or enrolled person. (c) any weapon of an absolete pattern or of antiquarian value or in disrepair which is not capable of being used as a kcarm either with or without repair; (d) the acquisition, possession or carrying by a person of minor parts of arms or ammuni- tion which are not intended to be used along with complementary parts acquired or polscssed by that or any other person. 46. Re@ of Act 11 of 187841) The Indian Arm9 Act, 1878, is hereby repealed. (2) Notwithstanding lhc repeal of the Indian Arms Act 1878 (I I of 1878). and without prejudice to the provisions of sections 6 and 24 of the General Clauses Act 1897 61,0 of 1897). every licence granted or renewed under the first mentioned Act and in force immsdiatelv fore the commeacement of this A-c-t shall, unless sooner revoked, continue in fom after such~commencementf or the uaxpired portion of the period for which it has been granted or renewed.