The Indian Arms Act, 1959 | One Liner Notes

The Indian Arms Act, 1959 | One Liner Notes

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THE INDIAN ARMS ACT, 1959

 

What is the short title of the Act enacted in 1959 relating to arms and ammunition?

The Act is called the Arms Act, 1959.

What is the Act number of the Arms Act, 1959?

The Arms Act, 1959 is Act No. 54 of 1959.

On which date was the Arms Act, 1959 enacted?

The Arms Act, 1959 was enacted on 23rd December, 1959.

What is the primary object of the Arms Act, 1959?

The object of the Arms Act, 1959 is to consolidate and amend the law relating to arms and ammunition.

By which authority was the Arms Act, 1959 enacted?

The Arms Act, 1959 was enacted by Parliament.

In which year of the Republic of India was the Arms Act, 1959 enacted?

The Arms Act, 1959 was enacted in the Tenth Year of the Republic of India.

 

CHAPTER-I

PRELIMINARY

What does Section 1 of the Arms Act, 1959 deal with?

Section 1 deals with the short title, extent and commencement of the Arms Act, 1959.

What is the short title of the Act as provided under Section 1(1)?

The short title of the Act is the Arms Act, 1959.

Which provision of the Arms Act, 1959 declares its short title?

Section 1(1) declares the short title of the Act.

What is the territorial extent of the Arms Act, 1959?

The Arms Act, 1959 extends to the whole of India.

Who has the authority to appoint the date of commencement of the Arms Act, 1959?

The Central Government has the authority to appoint the date of commencement.

How is the date of commencement of the Arms Act, 1959 notified?

The date of commencement is notified by the Central Government through a notification in the Official Gazette.

Under which sub-section is the commencement of the Arms Act, 1959 provided?

The commencement is provided under Section 1(3).

Is the Arms Act, 1959 self-executory with respect to commencement?

No, it comes into force only on a date appointed by the Central Government.

What does Section 2 of the Arms Act, 1959 deal with?

Section 2 deals with definitions and interpretation of expressions used in the Arms Act, 1959.

What is the qualifying phrase used at the beginning of Section 2(1) of the Arms Act, 1959?

The qualifying phrase is “unless the context otherwise requires”.

What is the meaning of the term “acquisition” under Section 2(1)(a) of the Arms Act, 1959?

“Acquisition” includes hiring, borrowing, or accepting arms or ammunition as a gift.

Does the definition of “acquisition” include non-purchase modes?

Yes, it expressly includes hiring, borrowing and accepting as a gift.

What is the meaning of “ammunition” under Section 2(1)(b) of the Arms Act, 1959?

Ammunition means ammunition for any firearm and includes various explosive and related articles.

Do rockets, bombs and grenades fall within the definition of ammunition?

Yes, rockets, bombs, grenades, shells and other missiles are included.

Are articles designed for torpedo service and submarine mining included in ammunition?

Yes, such articles are expressly included in the definition of ammunition.

Does ammunition include articles containing explosive or noxious substances even if not usable with firearms?

Yes, whether capable of use with firearms or not.

Are charges for firearms included within the meaning of ammunition?

Yes, charges for firearms and accessories for such charges are included.

Are fuses and friction tubes included in ammunition?

Yes, fuses and friction tubes are included.

Does ammunition include parts and machinery for manufacturing ammunition?

Yes, parts of and machinery for manufacturing ammunition are included.

Can ingredients of ammunition be notified later under the Act?

Yes, ingredients specified by the Central Government by notification in the Official Gazette are included.

What is the meaning of “arms” under Section 2(1)(c) of the Arms Act, 1959?

Arms mean articles designed or adapted as weapons for offence or defence.

Does the definition of arms include firearms and sharp-edged weapons?

Yes, firearms, sharp-edged and other deadly weapons are included.

Are parts and machinery for manufacturing arms included in the definition of arms?

Yes, both parts and manufacturing machinery are included.

Are articles meant solely for domestic or agricultural use treated as arms?

No, articles such as a lathi or an ordinary walking stick are excluded.

Are toy weapons included in the definition of arms?

No, weapons incapable of use except as toys or incapable of conversion into serviceable weapons are excluded.

Who is considered the District Magistrate in areas having a Commissioner of Police?

The Commissioner of Police is deemed to be the District Magistrate.

Can a Deputy Commissioner of Police be treated as District Magistrate under the Act?

Yes, if exercising jurisdiction as specified by the State Government.

What is the meaning of “firearms” under Section 2(1)(e) of the Arms Act, 1959?

Firearms mean arms designed or adapted to discharge projectiles by explosive or other forms of energy.

Do firearms include weapons discharging noxious liquids or gases?

Yes, such weapons are expressly included.

Are noise- or flash-reducing accessories included within firearms?

Yes, accessories designed to diminish noise or flash are included.

Do firearms include parts and machinery for manufacturing firearms?

Yes, both parts and manufacturing machinery are included.

Are artillery mounting and transport appliances included in firearms?

Yes, carriages, platforms and appliances for artillery are included.

What is the meaning of “licence” under Section 2(1)(ea) of the Arms Act, 1959?

Licence means a licence issued in accordance with the Act and rules made thereunder.

Does the definition of licence include electronic licences?

Yes, licences issued in electronic form are included.

What is the meaning of “licensing authority” under Section 2(1)(f) of the Arms Act, 1959?

“Licensing authority” means an officer or authority empowered to grant or renew licences under the rules made under the Act.

Does the definition of licensing authority include the Government?

Yes, the Government is expressly included within the definition of licensing authority.

Under which provision is the term “magistrate” defined in the Arms Act, 1959?

The term “magistrate” is defined under Section 2(1)(ff).

Who is considered a magistrate under Section 2(1)(ff) of the Arms Act, 1959?

A magistrate means an Executive Magistrate under the Code of Criminal Procedure, 1973.

What is the meaning of the term “prescribed” under Section 2(1)(g) of the Arms Act, 1959?

“Prescribed” means prescribed by rules made under the Arms Act, 1959.

What is the meaning of “prohibited ammunition” under Section 2(1)(h) of the Arms Act, 1959?

Prohibited ammunition means ammunition containing or designed to contain any noxious liquid, gas or other such thing.

Do rockets, bombs and grenades fall within the definition of prohibited ammunition?

Yes, rockets, bombs, grenades, shells, missiles and similar articles are included.

Are torpedo service and submarine mining articles included in prohibited ammunition?

Yes, such articles are expressly included.

Can the Central Government notify additional items as prohibited ammunition?

Yes, the Central Government may specify additional articles by notification in the Official Gazette.

What is the meaning of “prohibited arms” under Section 2(1)(i) of the Arms Act, 1959?

Prohibited arms mean certain automatic firearms and weapons designed to discharge noxious substances.

Which firearms are treated as prohibited arms under Section 2(1)(i)(i)?

Firearms that continue to discharge missiles as long as trigger pressure is applied or the magazine is not empty.

Are weapons designed to discharge noxious liquid or gas considered prohibited arms?

Yes, such weapons are expressly included.

Does the definition of prohibited arms include artillery and military-grade weapons?

Yes, artillery, anti-aircraft and anti-tank firearms are included.

Can the Central Government notify additional arms as prohibited arms?

Yes, by notification in the Official Gazette.

What is the meaning of “public servant” under Section 2(1)(j) of the Arms Act, 1959?

“Public servant” has the same meaning as under Section 21 of the Indian Penal Code, 1860.

What is the meaning of “transfer” under Section 2(1)(k) of the Arms Act, 1959?

“Transfer” includes letting on hire, lending, giving and parting with possession.

Does the definition of transfer include non-sale transactions?

Yes, it includes lending, hiring and gifting.

What does Section 2(2) of the Arms Act, 1959 deal with?

Section 2(2) provides the statutory method for measuring the length of the barrel of a firearm.

How is the length of the barrel of a firearm to be measured under the Arms Act, 1959?

The barrel length is measured from the muzzle to the point at which the charge is exploded on firing.

Why is Section 2(2) significant for interpretation of the Arms Act, 1959?

It provides a uniform and precise standard for determining barrel length, which is relevant for classification and regulation of firearms.

What does Section 2(3) of the Arms Act, 1959 provide for?

Section 2(3) provides for construction of references to laws not in force in a particular area.

How are references to laws not in force in an area to be construed under Section 2(3)?

Such references shall be construed as references to the corresponding law, if any, in force in that area.

What is the object of Section 2(3) of the Arms Act, 1959?

The object is to ensure uniform applicability of the Act despite territorial variations in existing laws.

What does Section 2(4) of the Arms Act, 1959 deal with?

Section 2(4) deals with interpretation of references to officers or authorities where no such designation exists.

How are references to officers or authorities construed where no such designation exists?

They are construed as references to such officer or authority as specified by the Central Government by notification.

Who is empowered to specify the corresponding officer or authority under Section 2(4)?

The Central Government is empowered to specify the officer or authority.

In what manner does the Central Government specify such officer or authority under Section 2(4)?

By notification in the Official Gazette.

 

CHAPTER-II

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

What does Section 3 of the Arms Act, 1959 deal with?

Section 3 deals with the requirement of licence for acquisition, possession of firearms and ammunition.

What is the general prohibition laid down under Section 3(1) of the Arms Act, 1959?

No person shall acquire, possess or carry any firearm or ammunition unless he holds a valid licence.

In what manner must a licence under Section 3(1) be issued?

The licence must be issued in accordance with the provisions of the Act and the rules made thereunder.

Does Section 3(1) prohibit mere possession of firearms without a licence?

Yes, possession without a licence is expressly prohibited.

Is carrying a firearm without a licence prohibited even if it is not owned by the person?

Yes, carrying without licence is prohibited unless covered by the proviso.

What exception is provided under the proviso to Section 3(1)?

A person may carry a firearm or ammunition without a licence if acting in the presence of or under written authority of the licence holder.

For what specific purposes can firearms be carried under the proviso to Section 3(1)?

For repair, for renewal of licence, or for use by the licence holder.

Does the proviso to Section 3(1) permit independent use of firearms by an unlicensed person?

No, use is permitted only for the licence holder and not independently.

What restriction is imposed by Section 3(2) of the Arms Act, 1959?

No person shall possess or carry more than two firearms at any time.

To whom does the restriction under Section 3(2) not apply?

It does not apply to persons referred to in Section 3(3).

What is the maximum number of firearms permitted under Section 3(2)?

A maximum of two firearms is permitted.

What protection was given to persons holding more than three firearms before the Arms (Amendment) Act, 1983?

They were permitted to retain any three firearms.

Within what time were excess firearms required to be deposited after the 1983 Amendment?

Within ninety days from commencement of the Arms (Amendment) Act, 1983.

Where could excess firearms be deposited under the 1983 proviso?

With the nearest police station, a licensed dealer, or a unit armoury in case of armed forces personnel.

What relaxation is provided under the Arms (Amendment) Act, 2019?

Persons holding more than two firearms could retain only two firearms.

What is the time limit for depositing excess firearms under the 2019 Amendment?

Within one year from the commencement of the Arms (Amendment) Act, 2019.

What happens to the deposited firearm after expiry of one year under the 2019 Amendment?

It shall be delicensed within ninety days from the expiry of the one-year period.

Does the two-firearm limit apply to licences granted on inheritance or heirloom basis?

Yes, the limit of two firearms shall not be exceeded even on inheritance or heirloom basis.

Is the restriction under Section 3(2) time-specific or continuing?

It is a continuing restriction applicable at any time.

What does Section 3(3) of the Arms Act, 1959 provide for?

Section 3(3) provides exceptions to the numerical limit on firearms prescribed under Section 3(2).

To whom does the firearm limit under Section 3(2) not apply?

It does not apply to licensed firearms dealers.

Are members of rifle clubs exempted from the firearm limit under Section 3(2)?

Yes, licensed or Central Government-recognised members of rifle clubs or rifle associations are exempted.

For what purpose are rifle club members exempted under Section 3(3)?

For using a point .22 bore rifle or an air rifle for target practice.

Does the exemption under Section 3(3) apply to all types of firearms?

No, it is limited to a point .22 bore rifle or an air rifle.

Is recognition by the Central Government mandatory for claiming exemption under Section 3(3)?

Yes, the rifle club or rifle association must be licensed or recognised by the Central Government.

What does Section 3(4) of the Arms Act, 1959 deal with?

Section 3(4) provides for the application of Section 21 procedures to deposited firearms.

Which provisions of Section 21 apply to deposits made under the proviso to Section 3(2)?

Sub-sections (2) to (6) of Section 21 apply.

In what manner do Section 21 provisions apply under Section 3(4)?

They apply in the same manner as they apply to deposits under Section 21(1).

What is the legal effect of Section 3(4)?

It ensures procedural uniformity for deposits of firearms under the Act.

Does Section 3(4) create a separate deposit mechanism?

No, it incorporates the existing mechanism under Section 21.

What does Section 4 of the Arms Act, 1959 deal with?

Section 4 deals with licence for acquisition and possession of arms of specified description in certain cases.

Which authority is competent to invoke Section 4 of the Arms Act, 1959?

The Central Government is competent to invoke Section 4 of the Arms Act, 1959.

What subjective satisfaction must the Central Government form before applying Section 4 of the Arms Act, 1959?

The Central Government must be of the opinion that regulation is necessary or expedient in the public interest having regard to the circumstances prevailing in an area.

Does Section 4 of the Arms Act, 1959 apply uniformly throughout India by default?

No, Section 4 applies only to such area as may be specified by the Central Government.

What is the statutory mode prescribed for applying Section 4 to a particular area?

Section 4 is applied by a notification issued by the Central Government in the Official Gazette.

Which category of arms is regulated under Section 4 of the Arms Act, 1959?

Section 4 regulates arms other than firearms.

Can the Central Government regulate all arms under Section 4 without specification?

No, only such class or description of arms as specified in the notification can be regulated.

From which point does the prohibition under Section 4 of the Arms Act, 1959 take effect?

The prohibition takes effect once the notification applying Section 4 to the area is issued.

What restriction is imposed on individuals once Section 4 is notified for an area?

No person shall acquire, possess or carry the specified arms in that area without a valid licence.

In accordance with which law must a licence under Section 4 of the Arms Act, 1959 be issued?

The licence must be issued in accordance with the provisions of the Arms Act, 1959 and the rules made thereunder.

What does Section 5 of the Arms Act, 1959 deal with?

Section 5 deals with licence for manufacture, sale and other dealings in arms and ammunition.

What is the general prohibition contained in Section 5(1) of the Arms Act, 1959?

Section 5(1) prohibits any person from dealing in arms or ammunition without a valid licence.

Which activities relating to arms and ammunition require a licence under Section 5(1)(a)?

Use, manufacture, obtain, procure, sell, transfer, convert, repair, test or prove arms or ammunition require a licence under Section 5(1)(a).

Which activities relating to arms and ammunition are covered under Section 5(1)(b)?

Exposing or offering for sale or transfer, or possessing for sale, transfer, conversion, repair, test or proof requires a licence under Section 5(1)(b).

Does Section 5 apply only to firearms?

No, Section 5 applies to firearms, prescribed classes of other arms, and ammunition.

How are the classes or descriptions of arms regulated under Section 5 determined?

The classes or descriptions of arms are determined as prescribed under the Act and rules made thereunder.

In accordance with which law must a licence under Section 5 be issued?

The licence must be issued in accordance with the provisions of the Arms Act, 1959 and the rules made thereunder.

What exception is carved out under Section 5(2) of the Arms Act, 1959?

A person may sell or transfer arms or ammunition lawfully possessed for private use without holding a licence.

To whom can arms or ammunition be sold under the exception in Section 5(2)?

They can be sold only to a person who is legally entitled to possess them and not prohibited by law.

Is the exception under Section 5(2) absolute?

No, the exception is subject to conditions specified in the proviso.

Which items are excluded from free sale or transfer under the proviso to Section 5(2)?

Firearms and ammunition requiring licence under Section 3 and arms requiring licence under Section 4 are excluded.

What is the first mandatory condition before selling or transferring restricted arms under Section 5(2)?

The seller must inform in writing the District Magistrate or the officer in charge of the nearest police station.

What details must be disclosed in the written information under Section 5(2)?

The intention to sell or transfer and the name and address of the proposed transferee must be disclosed.

What is the minimum waiting period prescribed under Section 5(2) before sale or transfer?

A minimum period of forty-five days must expire after giving such information.

When does the sale or transfer under Section 5(2) become legally permissible?

The sale or transfer becomes permissible only after compliance with written intimation and expiry of forty-five days.

What does Section 6 of the Arms Act, 1959 deal with?

Section 6 deals with licence for shortening of guns or conversion of imitation firearms into firearms.

What is the general prohibition imposed under Section 6 of the Arms Act, 1959?

Section 6 prohibits shortening of the barrel of a firearm without a valid licence.

Is conversion of an imitation firearm into a firearm permitted without licence under Section 6?

No, conversion of an imitation firearm into a firearm requires a valid licence under Section 6.

Does Section 6 also regulate conversion between categories of firearms?

Yes, Section 6 regulates conversion from one category of firearms to another as mentioned in the Arms Rules, 2016.

Under which law must the licence for acts under Section 6 be issued?

The licence must be issued in accordance with the Arms Act, 1959 and the rules made thereunder.

Is mere alteration of firearm dimensions covered under Section 6?

Yes, shortening of the barrel of a firearm is specifically covered under Section 6.

What is the meaning of “imitation firearm” under Section 6?

An imitation firearm means anything having the appearance of a firearm.

Is capability of discharging a projectile relevant to define an imitation firearm?

No, even if it cannot discharge any shot, bullet or missile, it may still be an imitation firearm.

Does the Explanation to Section 6 expand or restrict the scope of the term imitation firearm?

The Explanation expands the scope by including objects resembling firearms irrespective of functionality.

Can a person lawfully convert an imitation firearm without it being functional?

No, conversion into a firearm requires a licence regardless of prior functionality.

What does Section 7 of the Arms Act, 1959 deal with?

Section 7 deals with prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition.

What is the core prohibition contained in Section 7 of the Arms Act, 1959?

Section 7 imposes an absolute prohibition on dealings with prohibited arms and prohibited ammunition.

Is acquisition of prohibited arms allowed under Section 7?

No person shall acquire prohibited arms or prohibited ammunition unless specially authorised by the Central Government.

Does Section 7 prohibit mere possession or carrying of prohibited arms?

Yes, possession or carrying of prohibited arms or prohibited ammunition is prohibited without special authorisation.

Which activities relating to prohibited arms are barred under clause (b) of Section 7?

Use, manufacture, sale, transfer, conversion, repair, testing or proving of prohibited arms or ammunition is barred.

Does Section 7 prohibit exposure or offering prohibited arms for sale?

Yes, exposing or offering prohibited arms or ammunition for sale or transfer is prohibited.

Is possession for the purpose of sale or transfer covered under Section 7?

Yes, possession for sale, transfer, conversion, repair, test or proof is expressly prohibited.

Can prohibited arms be repaired or tested without authorisation?

No, repair or testing of prohibited arms requires special authorisation.

What is the nature of authorisation required under Section 7?

Special authorisation by the Central Government is mandatory.

Is authorisation by State Government sufficient under Section 7?

No, only special authorisation by the Central Government is recognised.

Does Section 7 create a blanket ban subject to exception?

Yes, it creates a blanket prohibition subject only to special Central Government authorisation.

What does Section 8 of the Arms Act, 1959 deal with?

Section 8 deals with prohibition of sale or transfer of firearms not bearing identification marks.

What is prohibited under Section 8(1) of the Arms Act, 1959?

Obliterating, removing, altering or forging any name, number or other identification mark on a firearm or ammunition is prohibited.

Which firearms cannot be sold or transferred under Section 8(2)?

Firearms that do not bear the name of the maker, manufacturer’s number, or other identification mark approved by the Central Government cannot be sold or transferred.

How must identification marks on firearms be displayed for lawful sale?

Identification marks must be stamped or otherwise shown in a manner approved by the Central Government.

What presumption does Section 8(3) create regarding firearms without identification marks?

It is presumed that the person has obliterated, removed, altered or forged the identification mark unless the contrary is proved.

Does the presumption in Section 8(3) apply retroactively to firearms possessed at the commencement of the Act?

No, for firearms without identification marks possessed at commencement, the presumption applies only after one year from commencement.

Is mere possession of a firearm without identification marks an offence immediately under Section 8?

No, offence arises under Section 8(3) presumption only after one year for pre-existing unmarked firearms.

What is the role of the Central Government under Section 8?

The Central Government approves the manner in which identification marks are stamped or shown.

Does Section 8 cover both firearms and ammunition?

Yes, Section 8 applies to both firearms and ammunition.

Can the presumption under Section 8(3) be rebutted?

Yes, the contrary can be proved to rebut the presumption of alteration or forgery.

What does Section 9 of the Arms Act, 1959 deal with?

Section 9 deals with prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms and ammunition.

Who is prohibited from acquiring, possessing, or carrying firearms under Section 9(1)(a)(i)?

Any person who has not completed the age of twenty-one years.

Which persons are prohibited under Section 9(1)(a)(ii)?

Persons sentenced for any offence involving violence or moral turpitude are prohibited for five years after the expiration of the sentence.

Who else is prohibited under Section 9(1)(a)(iii)?

Persons ordered to execute a bond for keeping the peace or good behaviour under Chapter VIII of the Code of Criminal Procedure, 1973, during the term of the bond.

What is prohibited under Section 9(1)(b) regarding sale or transfer of firearms?

No person shall sell, transfer, convert, repair, test or prove firearms or ammunition for anyone he knows or believes is prohibited under Section 9(1)(a) or is of unsound mind.

Does Section 9(1)(b) cover only sales of firearms?

No, it also covers transfer, conversion, repair, testing, and proving of firearms or ammunition.

What exception exists under Section 9(2) for persons below the prescribed age?

Persons who have attained the prescribed age-limit may use firearms under prescribed conditions for training.

Can different age-limits apply to different types of firearms under Section 9(2)?

Yes, different age-limits may be prescribed for different firearms.

What is the key mental health consideration under Section 9?

Firearms or ammunition must not be sold or transferred to persons known or believed to be of unsound mind.

What is the relation of Section 9 to other provisions of the Arms Act?

Section 9 applies notwithstanding anything in the foregoing provisions of the Act.

What does Section 10 of the Arms Act, 1959 deal with?

Section 10 deals with licence for import and export of arms and ammunition.

What is the general prohibition under Section 10(1)?

No person shall bring into, or take out of, India any arms or ammunition without a valid licence issued under the Act.

Are there exceptions to the licence requirement under Section 10?

Yes, there are two exceptions under the proviso.

Who can bring arms or ammunition into or out of India for private use without a licence?

A person entitled to possess arms or ammunition under this Act or any other law may do so in reasonable quantities for private use.

What exception applies to bona fide tourists under Section 10?

Tourists from countries specified by the Central Government, not prohibited by their country’s laws, may bring arms or ammunition in reasonable quantities for sport under prescribed conditions.

What is the definition of “tourist” under Section 10?

A tourist is a person not being an Indian citizen visiting India for up to six months for recreation, sight-seeing, or participation in meetings/conferences authorized by the Central Government.

Can tourists use imported arms for purposes other than sport?

No, use is strictly limited to sport and no other purpose.

Does Section 10 apply to import/export by land, sea, and air?

Yes, the prohibition covers all modes of transport: land, sea, and air.

Under Section 10, what determines the “reasonable quantity” of arms or ammunition?

The quantity must be reasonable for personal use or sport as prescribed under rules made under the Act.

Is Central Government notification necessary for tourists’ exemption under Section 10?

Yes, the Central Government must specify the countries in the Official Gazette for the tourist exemption.

Who may detain arms or ammunition under Section 10(2) of the Arms Act, 1959?

The Commissioner of Customs or any officer empowered by the Central Government may detain arms or ammunition.

Under what circumstances can arms or ammunition be detained under Section 10(2)?

Detention can occur if there is doubt about applicability of the exemptions in clauses (a) or (b) of the proviso, the reasonableness of quantities possessed, or the intended use.

How long can arms or ammunition be detained under Section 10(2)?

They may be detained until the officer receives orders from the Central Government regarding their release or disposal.

How does Section 10(3) define movement of arms within India via sea, air, or foreign territory?

Arms and ammunition taken from one part of India to another by sea, air, or through intervening foreign territory are considered as taken out of and brought into India under this section.

Does Section 10(2) override the exemptions in the proviso to sub-section (1)?

Yes, the detention power applies notwithstanding the exemptions under sub-section (1) proviso.

Who decides the applicability of sub-section (1) exemptions in doubtful cases?

The Central Government, through its empowered officers, decides the applicability.

What does Section 11 of the Arms Act, 1959 deal with?

Section 11 deals with the power of the Central Government to prohibit the import or export of arms and ammunition.

Who has the authority to prohibit import or export of arms under Section 11?

The Central Government has the authority to prohibit by notification in the Official Gazette.

What can be prohibited under Section 11?

Arms or ammunition of such classes and descriptions as specified in the notification may be prohibited.

How is the prohibition under Section 11 communicated to the public?

By publishing a notification in the Official Gazette.

Does Section 11 specify any individual or category exemptions?

No, Section 11 only empowers the Central Government to prohibit specified classes or descriptions; exemptions are not detailed in this section.

What does Section 12 of the Arms Act, 1959 deal with?

Section 12 deals with the power of the Central Government to restrict or prohibit the transport of arms and ammunition.

Who can restrict or prohibit transport of arms under Section 12?

The Central Government, by notification in the Official Gazette.

What authority does the Central Government have under Section 12(1)(a)?

It can direct that no person shall transport specified arms or ammunition without a valid licence under the Act.

What authority does the Central Government have under Section 12(1)(b)?

It can prohibit the transport of specified arms or ammunition altogether.

Does Section 12 apply to arms or ammunition trans-shipped at seaports or airports in India?

Yes, such trans-shipped arms or ammunition are considered transported within the meaning of this section.

How is the public informed about restrictions or prohibitions under Section 12?

By publication of a notification in the Official Gazette.

What must a person possess to transport arms under a restriction imposed under Section 12(1)(a)?

A valid licence issued in accordance with the provisions of the Act and the rules made thereunder.

 

CHAPTER-III

PROVISIONS RELATING TO LICENCES

What does Section 13 of the Arms Act, 1959 deal with?

Section 13 deals with the grant of licences under Chapter II of the Act.

To whom must an application for grant of licence under Chapter II be made?

An application for the grant of a licence under Chapter II shall be made to the licensing authority.

In what manner must an application for grant of licence be made under Section 13(1)?

The application must be made in the prescribed form, containing prescribed particulars and accompanied by the prescribed fee, if any.

What is the mandatory duty of the licensing authority upon receipt of a licence application under Section 13(2)?

The licensing authority shall call for the report of the officer in charge of the nearest police station.

Within what time must the police officer send his report under Section 13(2)?

The police officer shall send his report within the prescribed time.

What power does the licensing authority have under Section 13(2A) after receiving the police report?

The licensing authority may, after necessary inquiry and considering the police report, grant or refuse the licence by a written order.

Can the licensing authority decide an application without the police report?

Yes, if the police report is not received within the prescribed time, the licensing authority may decide the application without waiting further.

What type of licence must be granted under Section 13(3)(a)(i) to a citizen of India?

A licence under Section 3 must be granted for a smooth bore gun with a barrel of not less than twenty inches for protection or sport, or a muzzle-loading gun for bona fide crop protection.

When can a licence for a weapon other than a muzzle-loading gun be granted for crop protection?

When the licensing authority is satisfied that a muzzle-loading gun is insufficient for crop protection.

To whom must a licence under Section 13(3)(a)(ii) be granted?

A licence must be granted for a firearm to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government.

What is the condition for grant of licence under Section 13(3)(b)?

The licensing authority must be satisfied that the applicant has a good reason for obtaining the licence.

Which sections are covered under the ‘good reason’ requirement in Section 13(3)(b)?

Sections 3, 4, 5, 6, 10 and 12.

Is the grant or refusal of licence under Section 13 required to be in writing?

Yes, the licensing authority must pass an order in writing.

What does Section 14 of the Arms Act, 1959 deal with?

Section 14 deals with the refusal of licences.

What is the overriding effect mentioned at the beginning of Section 14(1)?

Section 14 operates notwithstanding anything contained in Section 13 of the Act.

When is refusal of licence under Sections 3, 4 or 5 mandatory under Section 14(1)(a)?

When such licence is required in respect of prohibited arms or prohibited ammunition.

Under Section 14(1)(b), to which licences does refusal apply apart from Sections 3, 4 and 5?

It applies to licences in any other case under Chapter II.

On what grounds relating to the applicant must a licence be refused under Section 14(1)(b)(i)?

When the licensing authority has reason to believe that the applicant is legally prohibited, of unsound mind, or otherwise unfit for a licence.

What legal prohibitions are relevant under Section 14(1)(b)(i)(1)?

Prohibition under this Act or any other law in force from acquiring, possessing or carrying arms or ammunition.

What mental condition mandates refusal of licence under Section 14(1)(b)(i)(2)?

If the applicant is of unsound mind.

What is the scope of “unfit for a licence” under Section 14(1)(b)(i)(3)?

Any reason rendering the applicant unfit under the provisions of the Act.

When can a licence be refused in the interest of public order under Section 14(1)(b)(ii)?

When refusal is deemed necessary for the security of public peace or public safety.

Can a licence be refused solely on the ground of lack of property under Section 14(2)?

No, a licence shall not be refused merely because the applicant does not own or possess sufficient property.

What procedural duty arises when a licence is refused under Section 14(3)?

The licensing authority must record reasons for refusal in writing.

Is the applicant entitled to know the reasons for refusal of licence?

Yes, a brief statement of reasons must be furnished on demand.

When can the licensing authority withhold reasons for refusal?

When it is of the opinion that furnishing reasons is not in the public interest.

What does Section 15 of the Arms Act, 1959 deal with?

Section 15 deals with the duration and renewal of licences.

What is the normal duration of a licence granted under Section 3?

A licence under Section 3 shall continue in force for a period of five years from the date of grant unless revoked earlier.

Can a licence under Section 3 be granted for a period shorter than five years?

Yes, if the applicant so desires or if the licensing authority considers it necessary for reasons recorded in writing.

What is the effect of revocation on the duration of a licence under Section 3?

Revocation terminates the licence before the expiry of the five-year period.

What additional conditions apply to a licence granted under Section 3 as per the second proviso to Section 15(1)?

The licence is subject to the conditions specified in Section 9(1)(a)(ii) and (iii).

What obligation is imposed on the licensee under the second proviso to Section 15(1)?

The licensee must produce the licence along with the firearm or ammunition and connected documents before the licensing authority after every five years from the date of grant or renewal.

What is the duration of licences granted under other provisions of Chapter II?

Such licences shall remain in force for such period as the licensing authority may determine.

Does Section 15(2) fix a uniform duration for licences other than Section 3 licences?

No, the duration is discretionary and determined case by case by the licensing authority.

Are all licences renewable under Section 15(3)?

Yes, every licence is renewable unless the licensing authority decides otherwise for reasons recorded in writing.

For what period is a licence ordinarily renewable under Section 15(3)?

A licence is renewable for the same period for which it was originally granted.

Do Sections 13 and 14 apply to renewal of licences?

Yes, the provisions relating to grant and refusal of licences apply equally to renewal.

Is recording of reasons mandatory if renewal is refused or altered?

Yes, reasons must be recorded in writing.

What does Section 16 of the Arms Act, 1959 deal with?

Section 16 deals with the fees etc. for license

On what basis are licence fees under Section 16 determined?

Licence fees are such as may be prescribed.

Who prescribes the conditions subject to which a licence shall be granted or renewed?

The conditions are prescribed under the Act.

In what form shall a licence be granted or renewed under Section 16?

In such form as may be prescribed.

Can different fees be prescribed for different licences under Section 16?

Yes, different fees may be prescribed for different types of licences.

Can different conditions and forms be prescribed for different licences?

Yes, different conditions and different forms may be prescribed for different types of licences.

Does Section 16 allow the licensing authority to impose additional conditions?

Yes, the licensing authority may impose additional conditions as considered necessary in a particular case.

Are additional conditions under Section 16 required to be in substitution of prescribed conditions?

No, additional conditions may be imposed in addition to prescribed conditions.

What does Section 17 of the Arms Act, 1959 deal with?

Section 17 deals with the variation, suspension and revocation of licences.

Who has the power to vary the conditions of a licence under Section 17(1)?

The licensing authority.

Can the licensing authority vary prescribed conditions of a licence?

No, prescribed conditions cannot be varied.

For what purpose can the licensing authority require delivery of the licence under Section 17(1)?

For varying the conditions of the licence.

In what manner can the licensing authority require delivery of the licence?

By notice in writing specifying the time for delivery.

Can a licence-holder apply for variation of licence conditions?

Yes, under Section 17(2).

Can prescribed conditions be varied on the application of the licence-holder?

No, prescribed conditions cannot be varied.

Does the licensing authority have the power to suspend a licence?

Yes, under Section 17(3).

For how long can a licence be suspended?

For such period as the licensing authority thinks fit.

In what form must suspension or revocation be ordered?

By order in writing.

When can a licence be suspended or revoked due to legal disqualification or unfitness?

When the holder is prohibited by law, of unsound mind, or otherwise unfit for a licence.

Can a licence be suspended or revoked in the interest of public peace or safety?

Yes, if deemed necessary by the licensing authority.

Can suppression or wrong information at the time of application lead to revocation or suspension?

Yes.

Does contravention of licence conditions attract suspension or revocation?

Yes.

Can failure to deliver the licence under a notice issued under Section 17(1) lead to revocation or suspension?

Yes.

Can a licence be revoked at the request of the licence-holder?

Yes, under Section 17(4), the licensing authority may revoke a licence on the application of the holder.

Is recording of reasons mandatory when varying, suspending or revoking a licence?

Yes, reasons must be recorded in writing.

When must reasons be recorded under Section 17(5)?

When a licence is varied under Section 17(1) or suspended or revoked under Section 17(3).

Is the licence-holder entitled to reasons for variation, suspension or revocation?

Yes, a brief statement of reasons must be furnished on demand.

Can the licensing authority refuse to furnish reasons?

Yes, if it considers it not in the public interest.

Who can exercise supervisory power over the licensing authority under Section 17(6)?

The authority to whom the licensing authority is subordinate.

Can the superior authority suspend or revoke a licence?

Yes, by order in writing.

On what grounds can the superior authority suspend or revoke a licence?

On any ground on which the licensing authority may suspend or revoke a licence.

Do the provisions of Section 17 apply to suspension or revocation by the superior authority?

Yes, as far as may be applicable.

What does section 18 deals with?

Section 18 deals with Appeals

Who can file an appeal under Section 18(1)?

Any person aggrieved by refusal to grant a licence, variation of licence conditions, or suspension or revocation of a licence.

Against which orders can an appeal be filed?

Orders of the licensing authority or the authority subordinate to it refusing, varying, suspending or revoking a licence.

To whom is an appeal preferred under Section 18(1)?

To the prescribed appellate authority.

Within what time must an appeal be filed?

Within such period as may be prescribed.

Is an appeal maintainable against orders of the Government?

No, no appeal lies against any order made by or under the direction of the Government.

Can a delayed appeal be admitted?

Yes, if sufficient cause for delay is shown.

When will a delayed appeal not be admitted?

If filed after the prescribed period without sufficient cause.

How is the limitation period for appeal computed?

In accordance with the Indian Limitation Act, 1908.

In what form must an appeal be filed?

By a petition in writing.

What documents must accompany the appeal?

A brief statement of reasons for the order appealed against, if furnished, and the prescribed fee.

What procedure is followed by the appellate authority?

Such procedure as may be prescribed.

Is hearing of the appellant mandatory?

Yes, reasonable opportunity of being heard must be given.

Does filing an appeal automatically stay the order appealed against?

No.

What is the effect of filing an appeal on the impugned order?

The order remains in force unless stayed by the appellate authority.

What powers does the appellate authority have regarding the order appealed against?

It may confirm, modify or reverse the order.

What is the nature of the appellate authority’s decision?

Final.

 

CHAPTER-IV

POWERS AND PROCEDURE

What does Section 19 of the Arms Act deal with?

It deals with the power to demand production of licence etc.

Who can demand production of a licence under Section 19(1)?

Any police officer or any other officer specially empowered by the Central Government.

From whom can the licence be demanded?

From any person carrying any arms or ammunition.

What can the officer demand from such person?

Production of his licence.

What happens if the person refuses or fails to produce the licence?

The officer may require him to show entitlement to carry arms or ammunition without a licence.

What further information can the officer require if licence is not produced?

The person’s name and address.

What power does the officer have if he considers it necessary?

He may seize the arms or ammunition being carried.

When can seizure of arms or ammunition take place?

When the person fails or refuses to produce the licence or prove lawful entitlement.

When can a person be arrested without warrant under Section 19(3)?

If he refuses to give his name and address.

Can arrest without warrant take place on suspicion?

Yes, if the officer suspects the person of giving a false name or address or of intending to abscond.

What does Section 20 of the Arms Act deal with?

It deals with the arrest of persons conveying arms or ammunition under suspicious circumstances.

To whom does Section 20 apply?

To any person found carrying or conveying any arms or ammunition.

Is it necessary that the arms or ammunition be without licence for Section 20 to apply?

No, it applies whether the arms or ammunition are covered by a licence or not.

Under what circumstances can action be taken under Section 20?

When the arms or ammunition are carried in such manner or under such circumstances as to give just grounds of suspicion.

What kind of suspicion is required under Section 20?

Suspicion that the arms or ammunition are being carried with intent to use them, or that they may be used, for any unlawful purpose.

Who is empowered to arrest a person under Section 20?

Any magistrate, any police officer, or any other public servant.

Can private persons arrest under Section 20?

Yes, any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance.

Is a warrant required for arrest under Section 20?

No, arrest can be made without warrant.

What power accompanies the power of arrest under Section 20?

The power to seize the arms or ammunition from the person.

What can be seized under Section 20?

Such arms or ammunition which are being carried or conveyed.

What does Section 21 of the Arms Act deal with?

It deals with the deposit of arms or ammunition when possession ceases to be lawful.

When does possession of arms or ammunition cease to be lawful under Section 21?

When the licence expires, or is suspended or revoked, or by notification under section 4, or for any other reason.

Who is required to deposit arms or ammunition under Section 21?

Any person having possession of arms or ammunition whose possession has ceased to be lawful.

Within what time must arms or ammunition be deposited under Section 21?

Without unnecessary delay.

Where can arms or ammunition be deposited under Section 21?

With the officer in charge of the nearest police station.

Is there any alternative place of deposit apart from a police station?

Yes, subject to prescribed conditions, with a licensed dealer.

Is there a special provision for members of the armed forces under Section 21?

Yes, they may deposit the arms or ammunition in a unit armoury.

What does “unit armoury” include according to the explanation to Section 21?

It includes an armoury in a ship or establishment of the Indian Navy.

Does Section 21 apply only to licence expiry?

No, it applies to suspension, revocation, notification under section 4, or any reason whatsoever.

Is compliance under Section 21 mandatory?

Yes, deposit is mandatory once possession becomes unlawful.

What does sub-section (2) of Section 21 provide for?

It provides rights regarding arms or ammunition deposited under sub-section (1).

Who is entitled to claim rights over deposited arms under Section 21(2)?

The depositor or, in case of his death, his legal representative.

Till when can the rights under Section 21(2) be exercised?

At any time before the expiry of the prescribed period.

When can deposited arms or ammunition be received back under Section 21(2)(a)?

When the depositor becomes entitled under this Act or any other law to possess them.

What is the first option available to the depositor under Section 21(2)?

To receive back the deposited arms or ammunition upon becoming legally entitled.

What is the second option available under Section 21(2)(b)?

To dispose of or authorise disposal of the deposited arms by sale or otherwise.

To whom can deposited arms or ammunition be disposed of under Section 21(2)(b)?

To any person entitled under law or not prohibited from possessing them.

Is the depositor entitled to the proceeds of such disposal?

Yes, he is entitled to receive the proceeds.

Can a legal representative exercise disposal rights under Section 21(2)?

Yes, in case of the depositor’s death.

Is return or disposal allowed in every case under Section 21(2)?

No, it is subject to the proviso.

What restriction is imposed by the proviso to Section 21(2)?

Return or disposal is not allowed if confiscation has been directed under section 32.

Does Section 21(2) override confiscation orders?

No, confiscation under section 32 prevails.

What happens to arms or ammunition not received back or disposed of under Section 21(2)?

They shall be forfeited to the Government.

Who orders forfeiture under Section 21(3)?

The District Magistrate.

When does forfeiture under Section 21(3) take place?

After expiry of the prescribed period mentioned in sub-section (2).

Is forfeiture allowed during suspension of licence?

No, forfeiture shall not be ordered during the period of suspension.

What protection is given by the proviso to Section 21(3)?

No forfeiture of licensed arms during licence suspension.

Is notice mandatory before forfeiture under Section 21(3)?

Yes.

Who must issue notice before forfeiture under Section 21(4)?

The District Magistrate.

To whom is notice under Section 21(4) served?

The depositor or, if deceased, his legal representative.

What must the notice under Section 21(4) require?

To show cause why the articles should not be forfeited.

What is the time limit to show cause under Section 21(4)?

Thirty days from service of notice.

What happens after the cause is shown under Section 21(5)?

The District Magistrate passes such order as he thinks fit.

Is the District Magistrate bound to forfeit after notice?

No, he may pass any appropriate order.

Does the Government have power to return forfeited items?

Yes.

Under which provision can forfeited items be returned?

Section 21(6).

To whom can forfeited items or proceeds be returned?

The depositor or his legal representative.

Can the return under Section 21(6) be partial?

Yes, wholly or in part.

What does Section 22 of the Arms Act, 1959 deal with?

Search and seizure by a magistrate.

Who is empowered under Section 22 to order search and seizure?

A Magistrate.

When can a Magistrate act under Section 22(1)?

When he has reason to believe certain conditions exist.

What is the first ground under Section 22(1)(a)?

Possession of arms or ammunition for any unlawful purpose.

What is the second ground under Section 22(1)(b)?

Possession of arms or ammunition endangering public peace or safety.

Is recording of reasons mandatory under Section 22(1)?

Yes.

What must the Magistrate record before ordering search?

Reasons for his belief.

What places can be searched under Section 22(1)?

House or premises occupied by such person or where arms are believed to be kept.

What action can the Magistrate take after search?

Seize and detain arms or ammunition.

For how long can seized arms be detained under Section 22(1)?

For such period as the Magistrate thinks necessary.

Can seizure occur even if possession is otherwise lawful?

Yes.

Does lawful entitlement prevent seizure under Section 22?

No.

In whose custody are seized arms kept?

Safe custody.

Who must conduct the search under Section 22(2)?

A Magistrate or a specially empowered officer.

Can any police officer conduct the search independently under Section 22?

No.

Who empowers the officer under Section 22(2)?

The Central Government.

Is presence of a Magistrate mandatory if officer is empowered?

No, either is sufficient.

What does Section 23 of the Arms Act, 1959 deal with?

Search of vessels, vehicles and other conveyances for arms and ammunition.

Who are the authorities empowered under Section 23?

A Magistrate, a police officer, or any other officer specially empowered by the Central Government.

For what purpose can action be taken under Section 23?

To ascertain whether any contravention of the Act or the rules is being or is likely to be committed.

Is an actual contravention necessary to invoke Section 23?

No, likelihood of contravention is sufficient.

What power is conferred under Section 23 to achieve this purpose?

Power to stop and search.

What can be stopped and searched under Section 23?

Any vessel, vehicle, or other means of conveyance.

Does Section 23 apply only to land transport?

No, it applies to vessels, vehicles, and all means of conveyance.

What items may be seized during search under Section 23?

Arms or ammunition found therein.

Can the conveyance itself be seized under Section 23?

Yes.

What is seized along with arms or ammunition under Section 23?

The vessel, vehicle, or other means of conveyance.

Is special empowerment required for officers other than magistrates and police officers?

Yes.

Who grants such special empowerment under Section 23?

The Central Government.

What does Section 24 of the Arms Act, 1959 deal with?

Seizure and detention of arms and ammunition under orders of the Central Government.

Which authority is empowered to act under Section 24?

The Central Government.

Can the Central Government act under Section 24 at any time?

Yes.

What action can the Central Government order under Section 24?

Seizure of arms or ammunition.

From whose possession can arms or ammunition be seized under Section 24?

From any person.

Does lawful entitlement to possess arms bar action under Section 24?

No.

What is the effect of the non obstante clause in Section 24?

It overrides entitlement under this Act or any other law.

Can arms or ammunition seized under Section 24 be detained?

Yes.

For what duration can detention under Section 24 continue?

For such period as the Central Government thinks necessary.

What is the purpose of seizure and detention under Section 24?

Public peace and safety.

Is the satisfaction under Section 24 subjective or objective?

Subjective satisfaction of the Central Government.

Does Section 24 require any prior contravention of the Act?

No.

What is the preventive nature of power under Section 24?

Preventive and precautionary in nature.

What does Section 24A of the Arms Act, 1959 deal with?

Prohibition as to possession of notified arms in disturbed areas.

Which authority can invoke Section 24A?

The Central Government.

On what satisfaction can Section 24A be invoked?

Existence of extensive disturbance of public peace and tranquility or imminent danger thereof.

What is the object of invoking Section 24A?

Prevention of offences involving the use of arms.

How is Section 24A brought into operation?

By notification in the Official Gazette.

What must the notification under Section 24A specify first?

The limits of the disturbed area.

What class of arms is covered under Section 24A?

Arms of such description as specified in the notification, called notified arms.

By when must persons deposit notified arms under Section 24A?

Before the commencement of the period specified in the notification.

From which date can the specified period commence?

Not earlier than the fourth day after publication of the notification.

In accordance with which provision must notified arms be deposited?

Section 21 of the Arms Act, 1959.

What is the legal effect on possession of notified arms upon publication of notification?

Possession is deemed to have ceased to be lawful.

What is the overriding effect clause in Section 24A?

It overrides all provisions of this Act except Section 41 and any other law in force.

During which period is possession of notified arms unlawful?

From commencement till expiry of the period specified in the notification.

Who can be authorised to exercise powers under Section 24A?

Officers subordinate to the Central Government or a State Government.

What power of search is conferred under Section 24A(d)(i)?

Power to search persons, premises, animals, vessels, vehicles, conveyances, receptacles, or containers.

When can search be conducted under Section 24A?

At any time during the period specified in the notification.

What is the condition precedent for conducting a search under Section 24A?

Reason to believe that notified arms are secreted.

What power of seizure is conferred under Section 24A(d)(ii)?

Power to seize notified arms.

From whom can notified arms be seized under Section 24A?

From any person in possession in the notified area.

Can arms discovered through search be seized under Section 24A?

Yes.

For how long can seized notified arms be detained under Section 24A?

During the period specified in the notification.

What is the nature of powers under Section 24A?

Preventive, extraordinary, and area-specific.

What is the maximum duration of a notification issued under Section 24A(1) in the first instance?

Ninety days.

Can the period specified under Section 24A be extended?

Yes, by amendment of the notification by the Central Government.

What is the maximum duration of each extension under Section 24A(2)?

Ninety days at a time.

On what satisfaction can the Central Government extend the notification under Section 24A?

Continuance of disturbance of public peace and tranquillity or imminent danger thereof.

What additional necessity must exist for extending the period under Section 24A?

That extension is necessary or expedient to prevent offences involving the use of arms.

Which procedural law governs searches and seizures under Section 24A?

The Code of Criminal Procedure, 1973.

To what extent does the CrPC apply to searches and seizures under Section 24A?

So far as may be applicable.

For the purposes of Section 24A, what does the term “arms” include?

Ammunition.

How are references to the period specified in the notification to be construed after extension?

As references to the period as extended.

Which sub-section provides the rule of interpretation for extended notifications under Section 24A?

Sub-section (4)(b).

What is the legislative intent behind allowing repeated extensions under Section 24A?

To address continuing or imminent disturbances of public peace involving arms.

What does Section 24B of the Arms Act, 1959 deal with?

It deals with prohibition on carrying of notified arms in or through public places in disturbed areas.

On whose satisfaction can Section 24B be invoked?

On the satisfaction of the Central Government.

What conditions must exist for invoking Section 24B?

Extensive disturbance of public peace and tranquillity or imminent danger thereof.

For what purpose can the Central Government issue a notification under Section 24B?

For the prevention of offences involving the use of arms.

How is Section 24B brought into operation?

By notification in the Official Gazette.

What must the Central Government specify in the notification under Section 24B(1)(a)?

The limits of the disturbed area.

From when can the prohibition under Section 24B commence?

From a date not earlier than the second day after publication of the notification.

What prohibition is imposed under Section 24B(1)(b)?

Carrying or possession of notified arms in or through any public place in the specified area.

Does Section 24B prohibit possession everywhere in the area?

No, it prohibits possession only in or through public places.

What type of arms are covered under Section 24B?

Arms of such description as specified in the notification, known as notified arms.

Who can be authorised to enforce Section 24B?

Officers subordinate to the Central Government or a State Government as specified.

What powers of search are granted under Section 24B(1)(c)(i)?

Power to search persons, premises, animals, vessels, vehicles, conveyances, receptacles or containers in public places.

When can such search be conducted under Section 24B?

At any time during the period specified in the notification.

What condition must exist before conducting a search under Section 24B?

Reason to believe that notified arms are secreted.

What powers of seizure are granted under Section 24B(1)(c)(ii)?

Power to seize notified arms being carried or possessed in public places.

For how long can seized arms be detained under Section 24B?

During the period specified in the notification.

Does Section 24B apply to arms carried through public places as well?

Yes, it applies to arms carried through or in public places.

Is the prohibition under Section 24B absolute?

Yes, during the notified period in public places of the specified area.

What is the maximum period for which a notification under Section 24B can operate in the first instance?

A period not exceeding ninety days.

Can the notification under Section 24B be extended beyond the initial period?

Yes, it can be extended by amendment.

For how long can each extension under Section 24B be made?

For a period not exceeding ninety days at any one time.

Who has the power to extend the period specified under Section 24B?

The Central Government.

On what grounds can the Central Government extend a notification under Section 24B?

Continued disturbance of public peace and tranquillity or imminent danger thereof.

What additional condition must be satisfied for extending a Section 24B notification?

That extension is necessary or expedient for preventing offences involving the use of arms.

Do CrPC provisions apply to searches and seizures under Section 24B?

Yes, the provisions of the Code of Criminal Procedure, 1973 apply so far as may be.

To which searches and seizures does CrPC applicability under Section 24B extend?

Searches and seizures made under sub-section (1).

How is the term “arms” interpreted for the purposes of Section 24B?

It includes ammunition.

What is the meaning of “public place” under Section 24B?

Any place intended for use by, or accessible to, the public or any section of the public.

How are references to the “period specified in the notification” construed after extension under Section 24B?

They are construed as references to the period as extended.

Does an extension under Section 24B alter the operation of sub-section (1)?

No, sub-section (1) continues to operate with the extended period.

 

CHAPTER-V

OFFENCES AND PENALTIES

What does Section 25 of the Arms Act, 1959 deal with?

Section 25 deals with punishment for certain offences under the Arms Act.

Which acts are punishable under Section 25(1)(a) of the Arms Act?

Manufacturing, obtaining, procuring, selling, transferring, converting, repairing, testing, proving, exposing for sale or possessing arms or ammunition for such purposes in contravention of Section 5.

Does possession for sale or repair of arms without licence attract punishment under Section 25(1)(a)?

Yes, possession for sale, transfer, conversion, repair, test or proof in contravention of Section 5 is punishable.

What offence is covered under Section 25(1)(b) of the Arms Act?

Shortening the barrel of a firearm or converting an imitation firearm or changing firearm category in contravention of Section 6.

Does illegal conversion of firearm categories under Arms Rules, 2016 attract punishment under Section 25?

Yes, conversion from one firearm category to another in contravention of Section 6 is punishable.

What offence relating to import or export is punishable under Section 25(1)(d)?

Bringing into or taking out of India any arms or ammunition in contravention of Section 11.

What is the minimum punishment prescribed under Section 25(1)?

Imprisonment for not less than seven years.

What is the maximum punishment prescribed under Section 25(1)?

Imprisonment for life.

Is fine mandatory under Section 25(1)?

Yes, the offender shall also be liable to fine.

What offence is punishable under Section 25(1A) of the Arms Act?

Acquisition, possession or carrying of prohibited arms or prohibited ammunition in contravention of Section 7.

What is the minimum punishment under Section 25(1A)?

Imprisonment for not less than seven years.

What is the maximum punishment under Section 25(1A)?

Imprisonment which may extend to fourteen years.

Is fine also applicable under Section 25(1A)?

Yes, the offender shall also be liable to fine.

Can the court award a sentence of less than seven years under Section 25(1A)?

Yes, for adequate and special reasons to be recorded in the judgment.

Where must the reasons for imposing lesser punishment under Section 25(1A) be recorded?

In the judgment of the court.

What offence is specifically covered under Section 25(1AB)?

Taking a firearm from the police or armed forces by using force.

What is the minimum punishment under Section 25(1AB)?

Imprisonment for not less than ten years.

What is the maximum punishment under Section 25(1AB)?

Imprisonment for life.

Is fine also imposable under Section 25(1AB)?

Yes, the offender shall also be liable to fine.

What offence is punished under Section 25(1AA) of the Arms Act?

Manufacturing, selling, transferring, converting, repairing, testing, proving, offering for sale or transfer, or possessing for such purposes any prohibited arms or prohibited ammunition in contravention of Section 7 is punishable.

Does mere possession for the purpose of sale or transfer of prohibited arms attract Section 25(1AA)?

Yes, possession for sale, transfer, conversion, repair, test or proof of prohibited arms in contravention of Section 7 is punishable.

What is the minimum punishment prescribed under Section 25(1AA) of the Arms Act?

The minimum punishment is imprisonment for ten years along with liability to fine.

What is the maximum punishment prescribed under Section 25(1AA)?

The punishment may extend to imprisonment for life along with fine.

How does Section 25(1AA) differ from Section 25(1A) in terms of nature of offence?

Section 25(1AA) penalises commercial and functional activities relating to prohibited arms, whereas Section 25(1A) penalises acquisition, possession, or carrying.

Is fine mandatory under Section 25(1AA) of the Arms Act?

Yes, fine is mandatory in addition to imprisonment.

What offence is created under Section 25(1AAA) of the Arms Act?

Possession or carrying of arms or ammunition in contravention of notifications issued under Sections 24A or 24B is punishable.

Does Section 25(1AAA) apply only to possession or also to carrying of arms?

It applies to possession under Section 24A notifications and to carrying or possession under Section 24B notifications.

What is the minimum punishment prescribed under Section 25(1AAA)?

The minimum punishment is imprisonment for seven years along with liability to fine.

What is the maximum punishment under Section 25(1AAA)?

The punishment may extend to imprisonment for life along with fine.

Is the offence under Section 25(1AAA) dependent on violation of statutory provisions or executive notifications?

The offence is dependent on contravention of notifications issued under Sections 24A and 24B.

Does Section 25(1AAA) require proof of intent beyond contravention of notification?

No, contravention of the notification coupled with possession or carrying is sufficient.

Are offences under Sections 25(1AA) and 25(1AAA) treated as grave offences by prescribing high minimum sentences?

Yes, both provisions prescribe high mandatory minimum sentences indicating legislative intent to treat them as grave offences.

What offences are covered under Section 25(1B)(a) of the Arms Act?

Acquiring, possessing, or carrying any firearm or ammunition in contravention of Section 3 is punishable.

What is penalised under Section 25(1B)(b) of the Arms Act?

Acquiring, possessing, or carrying any arms specified by notification under Section 4 in contravention of that section is punishable.

Which acts relating to identification marks on firearms are punishable under Section 25(1B)(c)?

Selling or transferring any firearm without the maker’s name, manufacturer’s number, or other identification mark, or acts in contravention of Section 8(1), are punishable.

Who falls under Section 25(1B)(d) and what is punishable?

Persons to whom sub-clauses (ii) or (iii) of Section 9(1)(a) apply, if they acquire, possess, or carry firearms or ammunition in contravention of that section, are punishable.

What acts are penalised under Section 25(1B)(e)?

Selling, transferring, converting, repairing, testing, or proving any firearm or ammunition in contravention of Section 9(1)(b) is punishable.

Which import or export acts are punishable under Section 25(1B)(f)?

Bringing into or taking out of India any arms or ammunition in contravention of Section 10 is punishable.

What transport-related offence is covered under Section 25(1B)(g)?

Transporting any arms or ammunition in contravention of Section 12 is punishable.

Which deposit-related offences fall under Section 25(1B)(h)?

Failing to deposit arms or ammunition as required by Section 3(2) or Section 21(1) is punishable.

What record-keeping offences are covered under Section 25(1B)(i)?

Manufacturers or dealers failing to maintain records, making false entries, obstructing inspection, concealing arms, or refusing to point out their location under rules framed under Section 44 are punishable.

What is the minimum punishment under Section 25(1B)?

Imprisonment for a term of two years along with fine.

What is the maximum punishment under Section 25(1B)?

Imprisonment may extend to five years along with fine.

Does Section 25(1B) allow the Court discretion to impose less than the minimum sentence?

Yes, the Court may impose imprisonment for less than two years for adequate and special reasons recorded in the judgment.

Are offences under Section 25(1B) considered less severe than Sections 25(1), (1A), and (1AA) in terms of minimum sentence?

Yes, the minimum sentence under Section 25(1B) is two years, lower than seven or ten years prescribed under other subsections.

Does Section 25(1B) combine both acts and omissions in its scope?

Yes, it includes acts such as acquisition, sale, transport, and omissions such as failing to deposit or maintain records.

What is the minimum punishment under Section 25(1C) for an offence committed in a disturbed area?

Imprisonment for a term of not less than three years along with fine.

What is the maximum punishment under Section 25(1C) for an offence in a disturbed area?

Imprisonment may extend to seven years along with fine.

How is a “disturbed area” defined under Section 25(1C)?

It means any area declared as disturbed under any enactment for suppression of disorder, maintenance of public order, or specified by notification under Sections 24A or 24B.

Does Section 25(1C) override Section 25(1B) in disturbed areas?

Yes, it prescribes higher minimum punishment notwithstanding sub-section (1B).

Who is punished under Section 25(2) of the Arms Act?

Persons to whom sub-clause (i) of clause (a) of Section 9(1) applies, if they acquire, possess, or carry firearms or ammunition in contravention of that section.

What is the maximum punishment under Section 25(2)?

Imprisonment may extend to one year, or fine, or both.

What offence is created under Section 25(3)(i)?

Selling or transferring firearms, ammunition, or other arms without informing the district magistrate or officer in charge of the nearest police station.

What offence is created under Section 25(3)(ii)?

Selling or transferring firearms, ammunition, or other arms before the expiration of 45 days from informing the district magistrate or officer in charge, in contravention of Section 5(2) proviso.

What is the maximum punishment under Section 25(3)?

Imprisonment may extend to six months, or fine up to five hundred rupees, or both.

Are offences under Section 25(3) treated as minor compared to Sections 25(1B) or (1C)?

Yes, Section 25(3) prescribes a lighter sentence of up to six months or a nominal fine.

Does Section 25(1C) apply only to specific geographic areas?

Yes, it applies only to “disturbed areas” as defined in the explanation.

Does Section 25(2) prescribe a minimum sentence?

No, it prescribes a maximum of one year or fine or both without a minimum sentence.

Are both acts and omissions covered under Section 25(3)?

Yes, failure to inform and premature transfer are both punishable acts.

What is the punishment under Section 25(4) for failing to deliver up a licence when required?

Imprisonment may extend to six months, or fine up to five hundred rupees, or both.

When must a person surrender a licence under Section 25(4)?

On suspension or revocation by the appropriate authority under Section 17(10).

What is the punishment under Section 25(5) for refusing to give name or address when required under Section 19?

Imprisonment may extend to six months, or fine up to two hundred rupees, or both.

What is the punishment under Section 25(5) for providing a false name or address?

Imprisonment may extend to six months, or fine up to two hundred rupees, or both.

Who is punished under Section 25(6) of the Arms Act?

Any member of an organised crime syndicate or any person on its behalf possessing or carrying arms or ammunition in contravention of Chapter II.

What is the minimum punishment under Section 25(6) for organised crime-related possession?

Imprisonment for not less than ten years along with fine.

What is the maximum punishment under Section 25(6)?

Imprisonment may extend to life along with fine.

Which acts are punishable under Section 25(7)(i) when done on behalf of an organised crime syndicate?

Manufacturing, obtaining, procuring, selling, transferring, converting, repairing, testing, proving, or offering arms or ammunition for sale, transfer, conversion, repair, test, or proof in contravention of Section 5.

Which firearm modifications are punishable under Section 25(7)(ii)?

Shortening the barrel, converting an imitation firearm into a firearm, or converting between categories of firearms under the Arms Rules, 2016 in contravention of Section 6.

Which import or export offences are punishable under Section 25(7)(iii)?

Bringing into or taking out of India any arms or ammunition in contravention of Section 11.

What is the minimum punishment under Section 25(7) for offences committed on behalf of an organised crime syndicate?

Imprisonment for not less than ten years along with fine.

What is the maximum punishment under Section 25(7)?

Imprisonment may extend to life along with fine.

How is “organised crime” defined in the explanation to Sections 25(6) and (7)?

Any continuing unlawful activity by a person, singly or collectively, using violence, threat, intimidation, coercion, or other unlawful means to gain pecuniary or other advantage.

How is an “organised crime syndicate” defined?

A group of two or more persons acting singly or collectively as a syndicate or gang indulging in organised crime.

Do Sections 25(6) and (7) prescribe stricter minimum sentences compared to ordinary contraventions?

Yes, both prescribe a minimum of ten years reflecting the grave nature of offences linked to organised crime.

Does Section 25(4) apply only to licensed persons?

Yes, it applies to persons holding a licence under Section 17.

Does Section 25(6) cover both possession and carrying of arms?

Yes, it applies to both possession and carrying in contravention of Chapter II.

What is the minimum punishment under Section 25(8) for illicit trafficking of firearms and ammunition?

Imprisonment for not less than ten years along with fine.

What is the maximum punishment under Section 25(8) for illicit trafficking?

Imprisonment may extend to life along with fine.

Which sections’ contraventions are covered under Section 25(8) for illicit trafficking?

Sections 3, 5, 6, 7, and 11.

How is “illicit trafficking” defined under Section 25(8)?

Import, export, acquisition, sale, delivery, movement, or transfer of firearms and ammunition not marked according to the Act or trafficked in contravention of the Act, including smuggled foreign or prohibited arms and ammunition.

Does Section 25(8) include both domestic and cross-border trafficking?

Yes, it includes trafficking into, from, or within the territory of India.

What offence is created under Section 25(9) regarding use of firearms?

Using a firearm in a rash or negligent manner or celebratory gunfire endangering human life or personal safety.

What is the maximum punishment under Section 25(9) for rash or negligent use of firearms?

Imprisonment may extend to two years, or fine up to one lakh rupees, or both.

How is “celebratory gunfire” defined under Section 25(9)?

The practice of firing ammunition in public gatherings, religious places, marriage parties, or other functions.

Does Section 25(9) prescribe a minimum sentence?

No, it prescribes a maximum of two years or fine or both, without a minimum sentence.

Does Section 25(8) apply to prohibited arms and ammunition?

Yes, it specifically includes prohibited arms and prohibited ammunition.

Are foreign-made smuggled firearms included in Section 25(8)?

Yes, illicit trafficking of smuggled foreign-made firearms is covered.

Does Section 25(9) cover endangerment even if no injury occurs?

Yes, endangerment of human life or personal safety is sufficient.

What does section 26 deals with?

It deals with secret contraventions

What is the punishment under Section 26(1) for secret contraventions of Sections 3, 4, 10, or 12?

Imprisonment for not less than six months but may extend to seven years along with fine.

What acts fall under Section 26(1)?

Any act in contravention of Sections 3, 4, 10, or 12 done with the intention that it may not be known to a public servant or person working on railway, aircraft, vessel, vehicle, or other means of conveyance.

What is the minimum punishment under Section 26(2) for secret contraventions of Sections 5, 6, 7, or 11?

Imprisonment for not less than five years along with fine.

What is the maximum punishment under Section 26(2)?

Imprisonment may extend to ten years along with fine.

Which sections’ contraventions are considered more severe in secret acts under Section 26?

Sections 5, 6, 7, and 11 are considered more severe with a minimum of five years’ imprisonment.

How does Section 26 define the “secret” nature of contraventions?

Any act done with the intention that it may not be known to any public servant or person employed on railway, aircraft, vessel, vehicle, or other means of conveyance.

What offence is created under Section 26(3) during searches under Section 22?

Concealing or attempting to conceal any arms or ammunition during a search is punishable.

What is the maximum punishment under Section 26(3) for concealing arms during a search?

Imprisonment may extend to ten years along with fine.

Does Section 26(1) prescribe a minimum sentence?

Yes, six months’ imprisonment along with fine.

Does Section 26(2) prescribe a minimum sentence?

Yes, five years’ imprisonment along with fine.

Are secret contraventions of Sections 5, 6, 7, or 11 considered more severe than Sections 3, 4, 10, or 12?

Yes, Sections 5, 6, 7, or 11 attract a higher minimum sentence of five years versus six months for Sections 3, 4, 10, or 12.

Does Section 26 cover acts intended to be hidden from both public servants and transport personnel?

Yes, it covers concealment from public servants and persons working on railways, aircraft, vessels, vehicles, or other means of conveyance.

What does Section 27 of the Arms Act deal with?

Section 27 deals with punishment for using arms, etc.

What is the minimum punishment under Section 27(1) for using arms in contravention of Section 5?

Imprisonment for not less than three years along with fine.

What is the maximum punishment under Section 27(1) for using arms in contravention of Section 5?

Imprisonment may extend to seven years along with fine.

Which acts are covered under Section 27(1)?

Using any arms or ammunition in contravention of Section 5.

What is the minimum punishment under Section 27(2) for using prohibited arms or ammunition under Section 7?

Imprisonment for not less than seven years along with fine.

What is the maximum punishment under Section 27(2)?

Imprisonment may extend to life along with fine.

Which acts are covered under Section 27(2)?

Using any prohibited arms or prohibited ammunition in contravention of Section 7.

What is the punishment under Section 27(3) if use of prohibited arms or ammunition under Section 7 causes death?

Imprisonment for life or death along with fine.

Does Section 27(3) apply to all prohibited arms or only those specified in Section 7?

It applies to all prohibited arms or prohibited ammunition under Section 7.

Does Section 27 prescribe both imprisonment and fine for contraventions?

Yes, all sub-sections prescribe imprisonment along with liability to fine.

Is the punishment under Section 27(3) higher than Sections 27(1) and (2)?

Yes, it prescribes life imprisonment or death if death results from the contravention.

Does Section 27 distinguish between ordinary and prohibited arms in terms of punishment?

Yes, use of prohibited arms under Section 7 attracts higher minimum and maximum sentences than ordinary arms under Section 5.

What does Section 28 of the Arms Act deal with?

Section 28 deals with punishment for use and possession of firearms or imitation firearms in certain cases.

Who is punishable under Section 28?

Whoever makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent lawful arrest or detention of himself or any other person.

What is the maximum punishment under Section 28?

Imprisonment may extend to seven years along with fine.

Does Section 28 apply to both actual firearms and imitation firearms?

Yes, it applies to both firearms and imitation firearms.

How is “imitation firearm” defined in Section 28?

The expression “imitation firearm” has the same meaning as in Section 6.

Does Section 28 prescribe a minimum sentence?

No, Section 28 prescribes only a maximum sentence along with fine.

Is the offence under Section 28 limited to resisting one’s own arrest?

No, it also includes resisting or preventing the lawful arrest or detention of any other person.

Does Section 28 cover attempts as well as actual use of firearms or imitation firearms?

Yes, both making and attempting to make use are punishable.

What does Section 29 of the Arms Act deal with?

Section 29 deals with punishment for knowingly purchasing arms from an unlicensed person or delivering arms to a person not entitled to possess them.

Who is punishable under Section 29(a)?

Whoever purchases any firearms, other prescribed arms, or ammunition from a person knowing that the person is not licensed or authorised under Section 5.

Who is punishable under Section 29(b)?

Whoever delivers any arms or ammunition to another person without verifying that the person is entitled and not prohibited by law from possessing them.

What is the maximum punishment under Section 29?

Imprisonment may extend to three years, or fine, or both.

Does Section 29 prescribe a minimum sentence?

No, Section 29 prescribes only a maximum sentence, or fine, or both.

Is knowledge of the other person being unlicensed required under Section 29(a)?

Yes, the offence is committed only if the purchaser knows the seller is unlicensed or unauthorised.

Does Section 29(b) require prior verification before delivering arms?

Yes, the deliverer must ascertain that the recipient is legally entitled to possess the arms or ammunition.

Does Section 29 cover both firearms and ammunition?

Yes, both firearms and ammunition are covered under this section.

What does Section 30 of the Arms Act deal with?

Section 30 deals with punishment for contravention of licence or rules

Who is punishable under Section 30?

Whoever contravenes any condition of a licence or any provision of the Act or rules made thereunder not otherwise punishable.

What is the maximum punishment under Section 30?

Imprisonment may extend to six months, or fine up to two thousand rupees, or both.

Does Section 30 prescribe a minimum sentence?

No, Section 30 prescribes only a maximum sentence or fine or both.

Does Section 30 cover contraventions already punishable under other sections?

No, it only applies to contraventions for which no punishment is provided elsewhere in the Act.

Does Section 30 cover both licences and rules made under the Act?

Yes, it covers both contravention of licence conditions and rules made under the Act.

What does Section 31 of the Arms Act deal with?

Section 31 deals with punishment for subsequent offences under the Arms Act.

Who is punishable under Section 31?

Whoever, having been previously convicted of an offence under this Act, is again convicted of any offence under the Act.

What is the punishment under Section 31 for a subsequent offence?

The offender shall be punishable with double the penalty provided for the latter offence.

Does Section 31 apply to all offences under the Arms Act?

Yes, it applies to any offence under the Act if the person has a prior conviction.

Is the doubling of penalty automatic under Section 31?

Yes, the penalty for the latter offence is automatically doubled upon a subsequent conviction.

What does Section 32 of the Arms Act deal with?

Section 32 deals with the power to confiscate

When can the convicting court order confiscation under Section 32(1)?

When any person is convicted under the Act of an offence in respect of arms or ammunition.

What items can be confiscated under Section 32(1)?

The whole or any portion of arms or ammunition, any vessel, vehicle, or other means of conveyance, and any receptacle or thing containing or used to conceal the arms or ammunition.

Does the order of confiscation remain if the conviction is set aside on appeal?

No, the order of confiscation becomes void if the conviction is set aside on appeal or otherwise.

Who else can order confiscation besides the convicting court under Section 32(2)?

The appellate court or the High Court exercising its powers of revision may also order confiscation.

Is confiscation mandatory under Section 32?

No, it is at the discretion of the convicting or appellate court.

Does Section 32 cover both arms and ammunition as well as objects used to conceal them?

Yes, it covers arms, ammunition, and any items used to conceal or transport them.

What does Section 33 of the Arms Act deal with?

Section 33 deals with offences committed by companies and liability of persons in charge of the company.

Who is deemed guilty under Section 33(1) when a company commits an offence?

Every person who was in charge of, or responsible to the company for the conduct of its business at the time, as well as the company itself.

Can a person in charge avoid liability under Section 33(1)?

Yes, if he proves the offence was committed without his knowledge and he exercised all due diligence to prevent it.

Who is specifically liable under Section 33(2) despite subsection (1)?

Any director, manager, secretary, or other officer whose consent, connivance, or neglect contributed to the offence.

How is “company” defined in Section 33?

Any body corporate, including a firm or other association of individuals.

How is “director” defined in relation to a firm under Section 33?

A partner in the firm.

Does Section 33 cover both corporate bodies and partnerships?

Yes, it includes both companies and firms or associations of individuals.

Is liability under Section 33 independent of the company’s liability?

Yes, individuals in charge or responsible may be punished in addition to the company.

 

CHAPTER-VI

MISCELLANEOUS

What does Section 34 of the Arms Act deal with?

Section 34 deals with the requirement of Central Government sanction for warehousing of arms

Can arms or ammunition be deposited in any licensed warehouse without sanction under Section 34?

No, deposition without the sanction of the Central Government is prohibited.

Which Act’s licensed warehouses are referenced in Section 34?

Warehouses licensed under Section 58 of the Customs Act, 1962.

Who grants the sanction for warehousing of arms or ammunition under Section 34?

The Central Government.

Does Section 34 override provisions of the Customs Act, 1962?

Yes, it applies notwithstanding anything contained in the Customs Act, 1962.

What does Section 35 of the Arms Act deal with?

Section 35 deals with the criminal responsibility of persons in occupation of premises in certain cases

Who is liable under Section 35 when arms or ammunition are found in jointly occupied premises?

Each person in joint occupation or under joint control who is reasonably believed to be aware of the existence of the arms or ammunition.

Can liability under Section 35 be avoided?

Yes, if the person proves otherwise, showing lack of knowledge or awareness.

How is the offence treated for each person under Section 35?

Each person is liable for the offence as if it had been or is being committed by him alone.

Does Section 35 apply only to premises?

No, it applies to premises, vehicles, or any other place under joint occupation or control.

Is Section 35 a presumption of liability?

Yes, liability is presumed unless the contrary is proved.

What does Section 36 of the Arms Act deal with?

Section 36 deals with the duty to give information regarding certain offences under the Act.

Who is required to give information under Section 36(1)?

Every person aware of the commission of any offence under the Act.

To whom must information be given under Section 36(1)?

To the officer in charge of the nearest police station or the magistrate having jurisdiction.

Can a person avoid liability under Section 36(1)?

Yes, if he has a reasonable excuse, the burden of proving which lies on him.

Who is required to give information under Section 36(2)?

Every person employed or working upon any railway, aircraft, vessel, vehicle, or other means of conveyance.

What must these persons report under Section 36(2)?

Any box, package, or bale in transit they suspect contains arms or ammunition in respect of which an offence has been or is being committed.

Who bears the burden of proof for a reasonable excuse under Section 36?

The person giving the information.

Does Section 36 apply only to arms in possession or also in transit?

It applies to both possession and arms or ammunition in transit.

What does Section 37 of the Arms Act deal with?

Section 37 deals with the procedure for arrest and searches under the Act.

How should arrests and searches be carried out under Section 37(a)?

In accordance with the provisions of the Code of Criminal Procedure, 1973, relating respectively to arrests and searches.

What must be done with a person arrested or arms/ammunition seized by a non-police or non-magistrate officer under Section 37(b)?

They must be delivered without delay to the officer in charge of the nearest police station.

What options does the officer in charge have after receiving a person and seized items under Section 37(b)(i)?

Release the person on executing a bond with or without sureties and keep the seized items in custody until the person appears before a magistrate.

What happens if the person fails to execute the bond or furnish sureties under Section 37(b)(ii)?

The officer must produce the person and the seized items without delay before a magistrate.

Does Section 37 apply only to police officers or magistrates?

No, it applies to all arrests and searches under the Act, but special delivery rules apply when done by a person who is not a police officer or magistrate.

Are seized arms and ammunition kept in custody until court appearance under Section 37?

Yes, until the person appears before a magistrate.

What does Section 38 of the Arms Act deal with?

Section 38 deals with the cognizability of offences under the Act.

Are offences under the Arms Act cognizable?

Yes, every offence under the Act is cognizable within the meaning of the Code of Criminal Procedure, 1973.

What does “cognizable” mean in the context of Section 38?

It means that the police can register a case and investigate without prior approval of a magistrate.

Does Section 38 apply to all offences under the Arms Act?

Yes, it applies to every offence under the Act.

What does Section 39 of the Arms Act deal with?

Section 39 deals with the previous sanction of the district magistrate necessary in certain cases.

When is previous sanction of the district magistrate required under Section 39?

Before instituting any prosecution against a person for an offence under Section 3.

Can prosecution under Section 3 be initiated without the district magistrate’s sanction?

No, prosecution cannot be instituted without prior sanction of the district magistrate.

Does Section 39 apply to all offences under the Arms Act?

No, it specifically applies only to offences under Section 3.

What does Section 40 of the Arms Act deal with?

Section 40 deals with protection of action taken in good faith under the Act.

Who is protected under Section 40?

Any person acting in good faith under the provisions of the Arms Act.

What kinds of legal proceedings are barred under Section 40?

No suit, prosecution, or other legal proceeding shall lie against a person for actions done or intended in good faith.

Does Section 40 cover actions intended as well as actually done?

Yes, both actions done or intended to be done in good faith are protected.

Is protection under Section 40 absolute?

Yes, as long as the action is in good faith under the Act.

What does Section 41 of the Arms Act deal with?

Section 41 deals with the power of the Central Government to exempt

Who can grant exemptions under Section 41?

The Central Government, by notification in the Official Gazette.

What can be exempted under Section 41(a)?

Any person or class of persons, any description of arms or ammunition, or any part of India from all or any provisions of the Act.

Can conditions be imposed on exemptions under Section 41?

Yes, exemptions can be subject to conditions specified in the notification.

What power does Section 41(b) give regarding previous exemptions?

The Central Government can cancel any notification and re-subject the person, class of persons, description of arms, or part of India to the provisions of the Act.

Is the exercise of power under Section 41 limited to public interest?

Yes, it must be deemed necessary or expedient in the public interest.

What does Section 42 of the Arms Act deal with?

Section 42 deals with the power of the Central Government to take a census of firearms in any area.

Who can direct a census of firearms under Section 42(1)?

The Central Government, by notification in the Official Gazette.

Who may be empowered to take the firearms census under Section 42(1)?

Any officer of the Government empowered by the notification.

What must persons in possession of firearms do under Section 42(2)?

Furnish information as required by the officer and produce the firearms if demanded.

Does Section 42 apply to all firearms in the specified area?

Yes, it applies to all firearms in the area covered by the notification.

Is compliance with a firearms census mandatory under Section 42?

Yes, all persons in possession of firearms must comply with the officer’s requirements.

What does Section 43 of the Arms Act deal with?

Section 43 deals with the power of the Central Government to delegate its powers or functions under the Act.

Which powers cannot be delegated under Section 43(1)?

Powers under Section 41 (exemptions) and Section 44 (rule-making powers) cannot be delegated.

Who can powers be delegated to under Section 43(1)(a)?

Officers or authorities subordinate to the Central Government, as specified in the notification.

Who can powers be delegated to under Section 43(1)(b)?

State Governments or officers/authorities subordinate to the State Government, as specified in the notification.

Can conditions be attached to delegation under Section 43?

Yes, delegation can be subject to conditions specified in the notification.

Can rules made under this Act confer powers to State Governments under Section 43(2)?

Yes, rules may confer powers, impose duties, or authorize delegation to State Governments or their officers/authorities.

Is the delegation power under Section 43 discretionary?

Yes, it is at the discretion of the Central Government by notification.

What does Section 44 of the Arms Act deal with?

Section 44 deals with the power of the Central Government to make rules for carrying out the purposes of the Act.

Who can make rules under Section 44(1)?

The Central Government, by notification in the Official Gazette.

What matters can be provided for under Section 44(2)(a)?

Appointment, jurisdiction, control, and functions of licensing authorities, including areas and categories of arms and ammunition for which they may grant licences.

What does Section 44(2)(b) cover?

The form and particulars of applications for grant or renewal of a licence and the time for renewal applications.

What is covered under Section 44(2)(c)?

The form, conditions, and procedure for granting, refusing, renewing, varying, suspending, or revoking a licence.

What does Section 44(2)(d) specify?

The period for which any licence shall continue in force where not specified in the Act.

What does Section 44(2)(e) regulate?

Fees payable for applications and licences, and the manner of payment.

What is covered under Section 44(2)(f)?

The manner in which the maker’s name, manufacturer’s number, or identification mark shall be stamped or shown on firearms or ammunition for tracing purposes.

How is “tracing” defined under Section 44(2)(f)?

Systematic tracking of firearms and ammunition from manufacturer to purchaser for detecting, investigating, and analysing illicit manufacturing and trafficking.

What does Section 44(2)(g) provide for?

The procedure for testing or proof of any firearms.

What matters are covered under Section 44(2)(h)?

Firearms used in training, age limits of persons who may use them, and conditions for such use.

What is covered under Section 44(2)(i)?

Authority for appeals under Section 18, appeal procedure, period, fees, and refund of fees.

What does Section 44(2)(j) regulate?

Maintenance of records or accounts under a licence (other than Section 3 or 4 licences), form, entries, and exhibition to police or government officers.

What is covered under Section 44(2)(k)?

Entry and inspection of premises where arms or ammunition are manufactured or kept, and exhibition of such items to authorised officers.

What does Section 44(2)(l) provide for?

Conditions for depositing arms or ammunition with licensed dealers or unit armouries and forfeiture period.

What is covered under Section 44(2)(m)?

Any other matter which is to be, or may be, prescribed by the rules.

What does Section 44(3) of the Arms Act deal with?

Section 44(3) deals with the parliamentary procedure for rules made under Section 44.

How must rules made under Section 44 be presented to Parliament?

Every rule must be laid before each House of Parliament as soon as may be after it is made.

For how long must the rules be laid before Parliament?

For a total period of thirty days, which may be in one session or in two or more successive sessions.

What happens if both Houses of Parliament agree on modifications to a rule under Section 44(3)?

The rule shall have effect only in the modified form agreed upon by both Houses.

What happens if both Houses of Parliament agree that a rule should not be made?

The rule shall be of no effect, but without prejudice to the validity of anything previously done under that rule.

Can modifications or annulment affect actions already taken under the rule?

No, any modification or annulment shall not affect the validity of actions previously done under the rule.

What does Section 45 of the Arms Act deal with?

Section 45 deals with the Acts not to apply in certain cases

Which arms or ammunition are exempt under Section 45(a)?

Arms or ammunition on board any sea-going vessel or aircraft forming part of the ordinary armament or equipment of such vessel or aircraft.

Under Section 45(b)(i), when is the Act not applicable?

When arms or ammunition are acquired, possessed, carried, manufactured, repaired, converted, tested, sold, transferred, imported, exported, or transported by or under orders of the Central Government.

Under Section 45(b)(ii), when is the Act not applicable?

When arms or ammunition are handled by a public servant in the course of his official duty.

Under Section 45(b)(iii), who else is exempt under Section 45(b)?

Members of the National Cadet Corps, officers or enrolled persons of the Territorial Army, or members of other forces maintained under Central Acts or specified by the Central Government, in the course of their duties.

Which weapons are exempt under Section 45(c)?

Weapons of obsolete pattern, of antiquarian value, or in disrepair which cannot be used as firearms, with or without repair.

Which arms or ammunition parts are exempt under Section 45(d)?

Minor parts of arms or ammunition not intended to be used with complementary parts acquired or possessed by that or any other person.

Does Section 45 cover both possession and use of arms in exempt cases?

Yes, the exemption applies to acquisition, possession, carrying, manufacture, repair, conversion, testing, sale, transfer, import, export, and transport in the specified cases.

What does Section 46 of the Arms Act deal with?

Section 46 deals with the repeal of the Indian Arms Act, 1878, and the continuation of existing licences.

Which Act is repealed under Section 46(1)?

The Indian Arms Act, 1878 (11 of 1878) is repealed.

What happens to licences granted under the Indian Arms Act, 1878 after its repeal?

Every licence granted or renewed under the 1878 Act and in force immediately before the commencement of the Arms Act, 1959, continues in force for the unexpired portion of its period, unless sooner revoked.

Does Section 46 affect the validity of actions taken under the repealed Act?

No, the repeal is subject to sections 6 and 24 of the General Clauses Act, 1897, preserving certain effects.

Can a licence under the repealed Act be revoked after commencement of the Arms Act, 1959?

Yes, it can be revoked even after the commencement of the new Act.

 

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