THE ARMS ACT, 1959 

―― 

ARRANGEMENT OF SECTIONS 

―― 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions and interpretation. 

CHAPTER II  

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

3. Licence for acquisition and possession of firearms and ammunition. 

4. Licence for acquisition and possession of arms of specified description in certain cases. 

5. Licence for manufacture, sale, etc., of arms and ammunition. 

6. Licence for the shortening of guns or conversion of imitation firearms into firearms. 

7. Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or 

prohibited ammunition. 

8. Prohibition of sale or transfer of firearms not bearing identification marks. 

9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain 

other persons of firearms, etc. 

10. Licence for import and export of arms, etc. 

11. Power to prohibit import or export of arms, etc. 

12. Power to restrict or prohibit transport of arms. 

CHAPTER III  

PROVISIONS RELATING TO LICENCES 

13. Grant of licences. 

14. Refusal of licences. 

15. Duration and renewal of licence. 

16. Fees, etc., for licence. 

17. Variation, suspension and revocation of licences. 

18. Appeals. 

CHAPTER IV  

POWERS AND PROCEDURE 

19. Powers to demand production of licence, etc. 

20. Arrest of persons conveying arms, etc., under suspicious circumstances. 

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SECTIONS 

21. Deposit of arms, etc., on possession ceasing to be lawful. 

22. Search and seizure by magistrate. 

23. Search of vessels, vehicles for arms, etc. 

24. Seizure and detention under orders of the Central Government. 

24A. Prohibition as to possession of notified arms in disturbed areas, etc. 

24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas etc. 

CHAPTER V  

OFFENCES AND PENALTIES 

25. Punishment for certain offences. 

26. Secret contraventions. 

27. Punishment for using arms, etc. 

28. Punishment for use and possession of firearms or imitation firearms in certain cases. 

29. Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering 

arms, etc., to person not entitled to possess the same. 

30. Punishment for contravention of licence or rule. 

31. Punishment for subsequent offences. 

32. Power to confiscate. 

33. Offences by companies. 

CHAPTER VI  

MISCELLANEOUS 

34. Sanction of Central Government for warehousing of arms. 

35. Criminal responsibility of persons in occupation of premises in certain cases. 

36. Information to be given regarding certain offences. 

37. Arrest and searches. 

38. Offences to be cognizable. 

39. Previous sanction of the district magistrate necessary in certain cases. 

40. Protection of action taken in good faith. 

41. Power to exempt. 

42. Power to take census of firearms. 

43. Power to delegate. 

44. Power to make rules. 

45.  Act not to apply in certain cases. 

46. Repeal of Act 11 of 1878. 

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THE ARMS ACT, 1959 

ACT NO. 54 OF 19591 

An Act to consolidate and amend the law relating to Arms and Ammunition.  

BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:― 

[23rd December, 1959.] 

CHAPTER I  

PRELIMINARY 

1. Short title, extent and commencement.―(1) This Act may be called the Arms Act, 1959.  

(2) It extends to the whole of India.  

(3) It shall come into force on such date2 as the Central Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions and interpretation.―(1) In this Act, unless the context otherwise requires,― 

(a)  “acquisition”,  with  its  grammatical  variations  and  cognate  expressions,  includes  hiring, 

borrowing, or accepting as a gift;  

(b) “ammunition” means ammunition for any firearm, and includes— 

(i) rockets, bombs, grenades, shells 3[and other missiles,]  

(ii) article designed for torpedo service and submarine mining,  

(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or 
fissionable  material  or  noxious liquid,  gas  or  other  such  thing,  whether  capable of  use  with 
firearms or not,  

(iv) charges for firearms and accessories for such charges,  

(v) fuses and friction tubes, 

(vi) parts of, and machinery for manufacturing, ammunition, and  

(vii) such ingredients of ammunition as the Central Government may, by notification in 

the Official Gazette, specify in this behalf;  

(c) “arms” means articles of any description designed or adapted as weapons for offence or 
defence,  and  includes  firearms,  sharpedged  and  other  deadly  weapons,  and  parts  of,  and 
machinery for manufacturing, arms, but does not include articles designed solely for domestic or 
agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used 
otherwise than as toys or of being converted into serviceable weapons;  

1.  This  Act  has  been  extended  to  Goa,  Daman  and  Diu  with  modifications  by  Reg.  12  of  1962,  s.  3  and  Sch.                    

(w.e.f. 1-1-1964) Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963); and brought into force in Dadra and 
Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965); Sikkim vide Notification No. G.S.R. 461 (E), dated 21-
7-1976 (w.e.f. 1-8-1976). 

2. 1st October, 1962,  vide notification No. G.S.R. 992, dated 13th July, 1962, see Gazette of India,  Extraordinary, Part II,           

sec. 3(i). 

3. Subs. by Act 42 of 1988, s. 2, for “and other like missiles” (w.e.f. 27-5-1988).   

3 

 
 
                                                           
 
 1[(d)  “district  magistrate”,  in  relation  to  any  area  for  which  a  Commissioner  of  Police  has 
been  appointed,  means  the  Commissioner  of  Police  thereof  and  includes  any  such  Deputy 
Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may 
be specified by the State Government in this behalf in relation to such area or part;]  

(e) “firearms” means arms of any description designed or adapted to discharge a projectile or 

projectiles of any kind by the action of any explosive or other forms of energy, and includes— 

(i)  artillery,  hand-grenades,  riot-pistols  or  weapons  of  any  kind  designed  or  adapted for 

the discharge of any noxious liquid, gas or other such thing,  

(ii)  accessories  for  any  such  firearm  designed  or  adapted  to  diminish  the  noise  or  flash 

caused by the firing thereof,  

(iii) parts of, and machinery for manufacturing, firearms, and  

(iv) carriages, platforms and appliances for mounting, transporting and serving artillery;  

2[(ea) “licence” means a licence issued in accordance with the provisions of this Act and rules 

made there under and includes a licence issued in the electronic form;] 

 (f) “licensing authority” means an officer or authority empowered to grant or renew licences 

under rules made under this Act, and includes the Government;  

3[(ff)  “magistrate”  means  an  Executive  Magistrate  under 

the  Code  of  Criminal              

Procedure, 1973 (2 of 1974);]  

(g) “prescribed” means prescribed by rules made under this Act;  

(h)  “prohibited  ammunition”  means  any  ammunition  containing,  or  designed  or  adapted  to 
contain,  any  noxious  liquid,  gas  or  other  such  thing,  and  includes  rockets,  bombs,  grenades, 
shells,  4[missiles,]  articles  designed  for  torpedo  service  and  submarine  mining  and  such  other 
articles  as  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  specify  to  be 
prohibited ammunition;  

(i) “prohibited arms” means— 

(i)  firearms  so  designed  or  adapted  that,  if  pressure  is  applied  to  the  trigger,  missiles 
continue  to  be  discharged  until  pressure  is  removed  from  the  trigger  or  the  magazine 
containing the missiles is empty, or  

(ii)  weapons  of  any  description  designed  or  adapted  for  the  discharge  of  any  noxious 

liquid, gas or other such thing, 

and  includes  artillery,  anti-aircraft  and  anti-tank  firearms  and  such  other  arms  as  the  Central 
Government may, by notification in the Official Gazette, specify to be prohibited arms;  

(j)  “public  servant”  has  the  same  meaning  as  in  section  21  of  the  Indian  Penal                   

Code (45 of 1860); 

(k)  “transfer”  with  its  grammatical  variations  and  cognate  expressions,  includes  letting  on 

hire, lending, giving and parting with possession.  

1. Subs. by Act 55 of 1971, s. 2, for clause (d) (w.e.f. 13-12-1971). 
2. Ins. by Act 48 of 2019, s. 2 (w.e.f. 14-12-2019). 
3. Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983). 
4. Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988).  

4 

 
 
                                                           
 
(2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the 

muzzle to the point at which the charge is exploded on firing.  

(3) Any reference in this Act to any law which is not in force in any area shall, in relation to that 

area, be construed as a reference to the corresponding law, if any, in force in that area.  

(4)  Any  reference  in  this  Act  to  any  officer  or  authority  shall,  in  relation  to  any  area  in  which 
there is not officer or authority with the same designation, be construed as a reference to such officer 
or authority as may be specified by the Central Government by notification in the Official Gazette. 

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

3.  Licence  for  acquisition  and  possession  of  firearms  and  ammunition.―1[(1)]  No  person 
shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf 
a licence issued in accordance with the provisions of this Act and the rules made thereunder: 

Provided that a person may, without himself holding a licence, carry any firearm or ammunition 
in the presence, or under the written authority, of the holder of the licence for repair or for renewal of 
the licence or for use by such holder.  

2[(2)  Notwithstanding  anything  contained  in  sub-section  (1),  no  person,  other  than  a  person 
referred to in sub-section (3),  shall acquire,  have in his  possession or carry,  at  any  time,  more  than 
3[two firearm]:  

Provided that a person who has in his possession more firearms than three at the commencement 
of the Arms (Amendment) Act, 1983 (25 of 1983), may retain with him any three of such firearms 
and  shall  deposit,  within  ninety  days  from  such  commencement,  the  remaining  firearms  with  the 
officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes 
of  sub-section  (1)  of  section  21,  with  a  licensed  dealer  or,  where  such  person  is  a  member  of  the 
armed forces of the Union, in a unit armoury referred to in that sub-section.  

4[Provided that a person who has in his possession more firearms than two at the commencement 
of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, 
within  one  year  from  such  commencement,  the  remaining  firearm  with  the  officer  in  charge  of  the 
nearest  police  station  or,  subject  to  the  conditions  prescribed  for  the  purposes  of  sub-section  (1)  of 
section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, 
in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days 
from the date of expiry of aforesaid one year: 

Provided  further  that  while  granting  arms  licence  on  inheritance  or  heirloom  basis,  the  limit  of 

two firearms shall not be exceeded.] 

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

1. Section 3 re-numbered as sub-section (1) thereof by Act 25 of 1983, s. 3 (w.e.f. 22-6-1983).   
2. Ins. by s. 3, ibid. (w.e.f. 22-6-1983). 
3. Subs. by Act 48 of 2019, s. 3, for “three firearms” (w.e.f. 14-12-2019). 
4. Ins. by s. 3, ibid. (w.e.f. 14-12-2019). 

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(4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation 
to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit 
of any arm or ammunition under sub-section (1) of that section.]  

4.  Licence  for  acquisition  and  possession  of  arms  of  specified  description  in  certain       

cases.―If the Central Government is of opinion that having regard to the circumstances prevailing in 
any area it is necessary or expedient in the public interest that the acquisition, possession or carrying 
of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, 
direct that this section shall apply to the area specified in the notification, and thereupon no person 
shall acquire, have in his possession or carry in that area arms of such class or description as may be 
specified  in  that  notification  unless  he  holds  in  this  behalf  a  licence  issued  in  accordance  with  the 
provisions of this Act and the rules made thereunder. 

5. Licence for manufacture, sale, etc., of arms and ammunition.―1[(1)] No person shall— 

(a) 2[use, 3[manufacture, obtain, procure]] sell, transfer, convert, repair, test or prove, or  

(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, 

repair, test or proof,  

any firearm or any other arms of such class or description as may be prescribed or any ammunition, 
unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the 
rules made thereunder:  

4* 

 * 

 * 

 * 

 *  

5[(2)  Notwithstanding  anything  contained  in  sub-section  (1),  a  person  may,  without  holding  a 
licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own 
private use to another person who is entitled by virtue of this Act or any other law for the time being 
in force to have, or is not prohibited by this Act or such other law from having in his possession such 
arms or ammunition:  

Provided that no firearm or ammunition in respect of which a licence is required under section 3 
and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by 
any person unless— 

(a)  he  has  informed  in  writing  the  district  magistrate  having  jurisdiction  or  the  officer  in 
charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or 
other  arms  and the name  and  address  of the person to  whom  he  intends  to  sell or  transfer such 
firearms, ammunition or the other arms, and  

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

6. Licence for the shortening of guns or conversion of imitation firearms into firearms.―No 
person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm 6[or convert 
from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms] 

1. Section 5 re-numbered as sub-section (1) thereof by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983). 
2. Subs. by Act 42 of 1988, s. 3, for “manufacture” (w.e.f. 27-5-1988). 
3. Subs. by Act 48 of 2019, s. 4, for “manufacture” (w.e.f. 14-12-2019). 
4. The proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983). 
5. Ins. by s. 4, ibid. (w.e.f. 22-6-1983). 
6. Ins. by Act 48 of 2019, s. 5 (w.e.f. 14-12-2019). 

6 

 
 
 
 
 
 
 
 
 
 
                                                           
unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the 
rules made thereunder.  

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

7. Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or 

prohibited ammunition.―No person shall― 

(a) acquire, have in his possession or carry; or 
(b) 1[use, manufacture] sell, transfer, convert, repair, test or prove; or 

(c)  expose  or  offer  for  sale  or  transfer  or  have  in  his  possession  for  sale,  transfer,  conversion, 

repair, test or proof, 

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

8.  Prohibition  of  sale  or  transfer  of  firearms  not  bearing  identification  marks.―(1)  No 
person shall obliterate, remove, alter or forge any name, number or other identification mark stamped 
or otherwise shown on a 2[firearm or ammunition].  

(2)  No  person  shall  sell  or  transfer  any  firearm  which  does  not  bear  the  name  of  the  maker, 
manufacturer’s number or other identification mark stamped or otherwise shown thereon in a manner 
approved by the Central Government.  

(3) Whenever any person has in his possession any firearm without such name, number or other 
identification mark or on which such name, number or other identification mark has been obliterated, 
removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, 
removed, altered or forged that name, number or other identification mark:  

Provided that in relation to a person who has in his possession at the commencement of this Act 
any  firearm  without  such  name,  number  or  other  identification  mark  stamped  or  otherwise  shown 
thereon, the provisions of this sub-section shall not take effect until after the expiration of one year 
from such commencement. 

9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and 
certain other persons of firearms, etc.―(1) Notwithstanding anything in the foregoing provisions of 
this Act,― 

(a) no person,― 

(i) who has not completed the age of 3[twenty-one years], or  

(ii)  who  has  been  sentenced  on  conviction  of  any  offence  involving  violence  or  moral 
turpitude to imprisonment for 4[any term], at any time during a period of five years after the 
expiration of the sentence, or  

(iii)  who  has  been  ordered  to  execute  under  Chapter  VIII  of  the  5[Code  of  Criminal 
Procedure, 1973 (2 of 1974),] a bond for keeping the peace or for good behaviour, at any time 
during the term of the bond, 

1. Subs. by Act 42 of 1988, s. 4, for “manufacture” (w.e.f. 27-5-1988). 
2. Subs. by Act 48 of 2019, s. 6, for “firearm” (w.e.f. 14-12-2019). 
3. Subs. by Act 25 of 1983, s. 5, for “sixteen years” (w.e.f. 22-6-1983). 
4. Subs. by s. 5, ibid., for “a term of not less than six months” (w.e.f. 22-6-1983). 
5. Subs. by s. 5, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1983). 

7 

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

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

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

any firearm or ammunition, or  

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

test or proof.  

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

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

10. Licence for import and export of arms, etc.―(1) No person shall bring into, or take out of, 
India  by  sea,  land  or  air  any  arms  or  ammunition  unless  he  holds  in  this  behalf  a  licence  issued  in 
accordance with the provisions of this Act and the rules made thereunder: 

Provided that— 

(a) a person who is entitled by virtue of this Act or any other law for the time being in force to 
have, or is not prohibited by this Act or such other law from having, in his possession any arms or 
ammunition,  may  without a  licence  in  this  behalf  bring  into,  or  take  out  of,  India  such  arms  or 
ammunition in reasonable quantities for his own private use;  

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

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

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

1. Subs. by Act 22 of 1995, s. 89, for “Collector of Customs” (w.e.f. 26-5-1995). 

8 

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

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

12.  Power  to  restrict  or  prohibit  transport  of  arms.―(1)  The  Central  Government  may,  by 

notification in the Official Gazette,― 

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

(b) prohibit such transport altogether.  

(2) Arms or ammunition trans-hipped at a seaport or an airport in India are transported within the 

meaning of this section. 

CHAPTER III  

PROVISIONS RELATING TO LICENCES 

13.  Grant  of  licences.―(1)  An  application  for  the  grant  of  a  licence  under  Chapter  II  shall  be 
made  to  the  licensing  authority  and  shall  be  in  such  form,  contain  such  particulars  and  be 
accompanied by such fee, if any, as may be prescribed.  

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

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

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

(3) The licensing authority shall grant— 

(a) a licence under section 3 where the licence is required―  

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than 
twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun 
to be used for bona fide crop protection:  

Provided  that  where  having  regard  to  the  circumstances  of  any  case,  the  licensing 
authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the 
licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid 
for such protection; or  

1. Subs. by Act 25 of 1983, s. 6, for sub-section (2) (w.e.f. 22-6-1983).  

9 

 
                                                           
(ii) in respect of a 1[firearm] to be used for target practice by a member of a rifle  club or 

rifle association licensed or recognised by the Central Government;  

(b)  a  licence  under  section  3  in  any  other  case  or  a  licence  under  section  4,  section  5,      

section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom 
the licence is required has a good reason for obtaining the same. 

14. Refusal of licences.―(1) Notwithstanding anything in section 13, the licensing authority shall 

refuse to grant― 

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect 

of any prohibited arms or prohibited ammunition;  

(b) a licence in any other case under Chapter II,―  

(i) where such licence is required by a person whom the licensing authority has reason to 

believe— 

(1) to be prohibited by this Act or by any other law for the time being in force from 

acquiring, having in his possession or carrying any arms or ammunition; or  

(2) to be of unsound mind; or  

(3) to be for any reason unfit for a licence under this Act; or  

(ii) where the licensing authority deems it necessary for the security of the public peace or 

for public safety to refuse to grant such licence. 

(2)  The  licensing  authority  shall  not  refuse  to  grant  any  licence  to  any  person  merely  on  the 

ground that such person does not own or possess sufficient property.  

(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing 
the reasons for such refusal and furnish to that person on demand a brief statement of the same unless 
in any case the licensing authority is of the opinion that it will not be in the public interest to furnish 
such statement. 

15.  Duration  and  renewal  of  licence.―(1)  A  licence  under  section  3  shall,  unless  revoked 

earlier, continue in force for a 2[period of five years] from the date on which it is granted:  

Provided that such a licence may be granted for a shorter period if the person by whom the licence 
is required so desires or if the  licensing authority for reasons to be recorded in writing considers in 
any case that the licence should be granted for a shorter period. 

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

 (2)  A  licence  under any  other  provision  of  Chapter  II  shall,  unless revoked  earlier,  continue  in 
force for such period from the date on which it is granted as the licensing authority may in each case 
determine.  

1. Subs. by Act 48 of 2019, s. 7, for “point 22 bore rifle or an air rifle” (w.e.f. 14-12-2019). 
2. Subs. by s. 8, ibid., for “period of three years” (w.e.f. 14-12-2019). 
3. The proviso ins. by s. 8, ibid.  (w.e.f. 14-12-2019). 

10 

 
                                                           
(3)  Every  licence  shall,  unless  the  licensing  authority  for  reasons  to  be  recorded  in  writing 
otherwise decides in any case, be renewable for the same period for which the licence was originally 
granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall 
apply to the renewal of a licence as they apply to the grant thereof. 

16. Fees, etc., for licence.―The fees on payment of which, the conditions subject to which and 

the form in which a licence shall be granted or renewed shall be such as may be prescribed: 

Provided  that  different  fees,  different  conditions  and  different  forms  may  be  prescribed  for 

different types of licences:  

Provided  further  that  a  licence  may  contain  in  addition  to  prescribed  conditions  such  other 

conditions as may be considered necessary by the licensing authority in any particular case. 

17. Variation, suspension and revocation of licences.―(1) The licensing authority may vary the 
conditions subject to which a licence has been granted except such of them as have been prescribed 
and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it 
within such time as may specified in the notice. 

(2)  The  licensing  authority  may,  on  the  application  of  the  holder  of  a  licence,  also  vary  the 

conditions of the licence except such of them as have been prescribed. 

(3) The licensing authority may by order in writing suspend a licence for such period as it thinks 

fit or revoke a licence,― 

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act 
or  by  any  other  law  for  the  time  being  in  force,  from  acquiring,  having  in  his  possession  or 
carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence 
under this Act; or 

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

public safety to suspend or revoke the licence; or  

(c) if the licence was obtained by the suppression of material information or on the basis of 
wrong information provided by the holder of the licence or any other person on his behalf at the 
time of applying for it; or 

(d) if any of the conditions of the licence has been contravened; or 

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

requiring him to deliver-up the licence. 

(4) The licensing authority may also revoke a licence on the application of the holder thereof. 

(5)  Where  the  licensing  authority  makes  an  order  varying  a  licence  under  sub-section  (1)  or  an 
order  suspending  or  revoking  a  licence  under  sub-section  (3),  it  shall  record  in  writing  the  reasons 
therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any 
case the licensing authority is of the opinion that it will not be in the public interest to furnish such 
statement. 

(6) The authority to whom the licensing authority is subordinate may by order in writing suspend 
or  revoke  a  licence  on  any  ground  on  which  it  may  be  suspended  or  revoked  by  the  licensing 
authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the 
suspension or revocation of a licence by such authority. 

11 

 
(7)  A  court  convicting  the  holder  of  a  licence  of  any  offence  under  this  Act  or  the  rules  made 

thereunder may also suspend or revoke the licence: 

Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation 

shall become void. 

(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate 

court or by the High Court when exercising its powers of revision. 

(9) The  Central  Government  may,  by  order  in  the  Official  Gazette, suspend  or revoke  or  direct 
any  licensing  authority  to  suspend  or  revoke  all  or  any  licences  granted  under  this  Act  throughout 
India or any part thereof. 

(10)  On  the  suspension  or  revocation  of  a  licence  under  this  section  the  holder  thereof  shall 
without delay surrender the licence to the authority by whom it has been suspended or revoked or to 
such other authority as may be specified in this behalf in the order of suspension or revocation. 

18. Appeals.―(1) Any person aggrieved by an order of the licensing authority refusing to grant a 
licence or varying the conditions of a licence or by an order of the licensing authority or the authority 
to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal 
against that order to such authority (hereinafter referred to as the appellate authority) and within such 
period as may be prescribed:  

Provided  that  no  appeal  shall  lie  against  any  order  made  by,  or  under  the  direction  of,  the 

Government. 

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:  

Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the 
appellant  satisfies  the  appellate  authority  that  he  had  sufficient  cause  for  not  preferring  the  appeal 
within that period. 

(3) The period prescribed for an appeal shall be computed in accordance with the provisions of 
the Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation 
thereunder. 

(4)  Every  appeal  under  this  section  shall  be  made  by  a  petition  in  writing  and  shall  be 
accompanied by a brief statement of the reasons for the order appealed against where such statement 
has been furnished to the appellant and by such fee as may be prescribed. 

(5)  In  disposing  of  an  appeal  the  appellate  authority  shall  follow  such  procedure  as  may  be 

prescribed:  

Provided  that  no  appeal  shall  be  disposed  of  unless  the  appellant  has  been  given  a  reasonable 

opportunity of being heard. 

(6)  The  order  appealed  against  shall,  unless  the  appellate  authority  conditionally  or 

unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.  

(7) Every order of the appellate authority confirming, modifying or reversing the order appealed 

against shall be final. 

12 

 
CHAPTER IV  

POWERS AND PROCEDURE 

19. Powers to demand production of licence, etc.―(1) Any police officer or any other officer 
specially  empowered  in  this  behalf  by  the  Central  Government  may  demand  the  production  of  his 
licence from any person who is carrying any arms or ammunition. 

(2) If the person upon whom a demand is made refuses or fails to produce the licence or to show 
that he is entitled by virtue of this Act or any other law for the time being in force to carry such arms 
or ammunition without a licence, the officer concerned may require him to give his name and address 
and if such officer considers it necessary, seize from that person the arms or ammunition which he is 
carrying. 

(3)  If  that  person refuses to  give  his  name  and  address  or if  the  officer concerned  suspects  that 
person  of  giving  a  false  name  or  address  or  of  intending  to  abscond,  such  officer  may  arrest  him 
without warrant. 

20.  Arrest  of  persons  conveying  arms,  etc.,  under  suspicious  circumstances.―Where  any 
person is found carrying or conveying any arms or ammunition whether covered by a licence or not, 
in such manner or under such circumstances as to afford just grounds of suspicion that the same are or 
is  being  carried  by  him  with  intent  to  use  them,  or  that  the  same  may  be  used,  for  any  unlawful 
purpose,  any  magistrate,  any  police  officer  or  any  other  public  servant  or  any  person  employed  or 
working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may arrest him 
without warrant and seize from him such arms or ammunition. 

21.  Deposit  of  arms,  etc.,  on  possession  ceasing  to  be  lawful.―(1)  Any  person  having  in  his 
possession any arms or ammunition the possession whereof has, in consequence of the expiration of 
the  duration  of  a  licence  or  of  the  suspension  or  revocation  of  a  licence  or  by  the  issue  of  a 
notification under section 4 or by any reason whatever, ceased to be lawful, shall without unnecessary 
delay deposit the same either with the officer in charge of the nearest police station or subject to such 
conditions  as  may  be  prescribed,  with  a  licensed  dealer  or  where  such  person  is  a  member  of  the 
armed forces of the Union, in a unit armoury.  

Explanation.―In this sub-section “unit armoury” includes an armoury in a ship or establishment 

of the Indian Navy.  

(2) Where arms or ammunition have or has been deposited under sub-section (1), the depositor or 
in the case of his death, his legal representative, shall, at any time before the expiry of such period as 
may be prescribed, be entitled— 

(a) to receive back anything so deposited on his becoming entitled by virtue of this Act or any 

other law for the time being in force to have the same in his possession, or  

(b) to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any 
person entitled by virtue of this Act or any other law for the time being in force to have, or not 
prohibited by this Act or such other law from having, the same in his possession and to receive 
the proceeds of any such disposal:  

Provided  that  nothing  in  this  sub-section  shall  be  deemed  to  authorise  the  return  or  disposal  of 

anything of which confiscation has been directed under section 32.  

13 

 
(3)  All  things  deposited  and  not  received  back  or  disposed  of  under  sub-section  (2)  within  the 

period therein referred to shall be forfeited to Government by order of the district magistrate:  

Provided that in the case of suspension of a licence no such forfeiture shall be ordered in respect 

of a thing covered by the licence during the period of suspension.  

(4) Before making an order under sub-section (3) the district magistrate shall, by notice in writing 
to  be  served  upon  the  depositor  or  in  the  case  of  his  death,  upon  his  legal  representative,  in  the 
prescribed manner, require him to show cause within thirty days from the service of the notice why 
the things specified in the notice should not be forfeited.  

(5) After considering the cause, if any, shown by the depositor or, as the case may be, his legal 

representative, the district magistrate shall pass such order as he thinks fit.  

(6)  The  Government  may  at  any  time  return  to  the  depositor  or  his  legal  representative  things 

forfeited to it or the proceeds of disposal thereof wholly or in part. 

22. Search and seizure by magistrate.―(1) Whenever any magistrate has reason to believe— 

(a) that any person residing within the local limits of his jurisdiction has in his possession any 

arms or ammunition for any unlawful purpose, or 

(b)  that  such  person  cannot  be  left  in  the  possession  of  any  arms  or  ammunition  without 

danger to the public peace or safety, 

the magistrate may, after having recorded the reasons for his belief, cause a search to be made of the 
house or premises occupied by such person or in which the magistrate has reason to believe that such 
arms or ammunition are or is to be found and may have such arms or ammunition, if any, seized and 
detain the same in safe custody for such period as he thinks necessary, although that person may be 
entitled  by  virtue  of  this  Act  or  any  other  law  for  the  time  being  in  force  to  have  the  same  in  his 
possession.  

(2) Every search under this section shall be conducted by or in the presence of a magistrate or by 

or in the presence of some officer specially empowered in this behalf by the Central Government. 

23. Search of vessels, vehicles for arms, etc.―Any magistrate, any police officer or any other 
officer  specially  empowered  in  this  behalf  by  the  Central  Government,  may  for  the  purpose  of 
ascertaining whether any contravention of this Act or the rules made thereunder is being or is likely to 
be committed, stop and search any vessel, vehicle or other means of conveyance and seize any arms 
or  ammunition  that  may  be  found  therein  along  with  such  vessel,  vehicle  or  other  means  of 
conveyance. 

24.  Seizure  and  detention  under  orders  of  the  Central  Government.―The  Central 
Government may at any time order the seizure of any arms or ammunition in the possession of any 
person, notwithstanding that such person is entitled by virtue of this Act or any other law for the time 
being in force to have the same in his possession, and may detain the same for such period as it thinks 
necessary for the public peace and safety. 

1[24A. Prohibition as to possession of notified arms in disturbed areas, etc.―(1) Where the 
Central Government is satisfied that there is extensive disturbance of public peace and tranquility or 
imminent danger of such disturbance in any area and that for the prevention of offences involving the 

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

14 

 
                                                           
use  of  arms  in  such  area,  it  is  necessary  or  expedient  so  to  do,  it  may  by  notification  in  the         
Official Gazette― 

(a) specify the limits of such area;  

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

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

(d) authorise any such officer subordinate to the Central Government or a State Government 

as may be specified in the notification,― 

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

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

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

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and 

seizures shall, so far as may be, apply to any search or seizure made under sub-section (1). 

(4) For the purposes of this section,― 

(a) “arms” includes ammunition; 

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

15 

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

(a) specify the limits of such area; 

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

(c) authorise any such officer subordinate to the Central Government or a State Government 

as may be specified in the notification,― 

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

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

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

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and 

seizures shall, so far as may be, apply to any search or seizure made under sub-section (1). 

(4) For the purposes of this section,― 

(a) “arms” includes ammunition; 

(b)  “public  place”  means  any  place  intended  for  use  by,  or  accessible  to,  the  public  or  any 

section of the public; and 

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

16 

 
CHAPTER V  

OFFENCES AND PENALTIES 

25. Punishment for certain offences.―1[(1) Whoever— 

(a)  2[manufactures,  obtains,  procures],  sells,  transfers,  converts,  repairs,  tests  or  proves,  or 
exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, 
test or proof, any arms or ammunition in contravention of section 5; or 

(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm 3[or convert 
from  any  category  of  firearms  mentioned  in  the  Arms  Rules,  2016  into  any  other  category  of 
firearms] in contravention of section 6; or  

4* 

 *  

*  

        *           

              *  

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

contravention of section 11,  

shall be punishable with imprisonment for a term which shall not be less than 5[seven years but which 
may extend to imprisonment for life] and shall also be liable to fine. 

6[(1A)  Whoever  acquires,  has  in  his  possession  or  carries  any  prohibited  arms  or  prohibited 
ammunition  in  contravention  of  section  7  shall  be  punishable  with  imprisonment  for  a  term  which 
shall not be less than 7[seven years but which may extend to fourteen years] and shall also be liable to 
fine. 

8[Provided  that  the  Court  may,  for  any  adequate  and  special  reasons  to  be  recorded  in  the 

judgment, impose a sentence of imprisonment for a term of less than seven years.] 

8[(1AB)  Whoever,  by  using  force,  takes  the  firearm  from  the  police  or  armed  forces  shall  be 
punishable with imprisonment for a term which shall not be less than ten years but which may extend 
to imprisonment for life and shall also be liable to fine.] 

(1AA)  whoever  manufactures,  sells,  transfers,  converts,  repairs,  tests  or  proves,  or  exposes  or 
offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, 
any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with 
imprisonment  for  a  term  which  shall  not  be  less  than  9[ten  years]  but  which  may  extend  to 
imprisonment for life and shall also be liable to fine.] 

10[(1AAA)]  Whoever  has  in  contravention  of  a  notification  issued  under  section  24A  in  his 
possession or in contravention of a notification issued under section 24B carries or otherwise has in 
his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall 

1. Subs. by Act 25 of 1983, s. 8, for sub-section (1) (w.e.f. 22-6-1983). 
2. Subs. by Act 48 of 2019, s. 9, for “manufactures” (w.e.f. 14-12-2019). 
3. Ins. by s. 9, ibid. (w.e.f. 14-12-2019). 
4. Clause (c) omitted by Act 42 of 1988, s. 5 (w.e.f. 27-5-1988).  
5. Subs. by Act 48 of 2019, s. 9, for “three years but which may extend to seven years” (w.e.f. 14-12-2019). 
6. Ins. by Act 42 of 1988, s. 5 (w.e.f. 27-5-1988). 
7. Subs. by Act 48 of 2019, s. 9, for “five years but which may extend to ten years” (w.e.f. 14-12-2019). 
8. Ins. by s. 9, ibid. (w.e.f. 14-12-2019). 
9. Subs. by s. 9, ibid., for “seven years” (w.e.f. 14-12-2019). 
10. Sub-section (1A) renumbered as sub-section (1AAA) thereof by Act 42 of 1988, s. 5 (w.e.f. 27-5-1988). 

17 

 
 
 
 
 
 
                                                           
not be less than 1[seven years but which may extend to imprisonment for life] and shall also be liable 
to fine.  

(1B) Whoever— 

(a) acquires, has in his possession or carries any firearm or ammunition in contravention of 

section 3; or  

(b)  acquires,  has  in  his  possession  or  carries  in  any  place  specified  by  notification  under 
section  4  any  arms  of  such  class  or  description  as  has  been  specified  in  that  notification  in 
contravention of that section; or  

(c) sells or transfers any firearm which does not bear the name of the maker, manufacturer’s 

number  or  other  identification  mark  stamped  or  otherwise  shown  thereon  as  required  by            
sub-section (2) of section 8 or does any act in contravention of sub-section (1) of that section; or  

(d) being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) 
of  section  9  applies,  acquires,  has  in  his  possession  or  carries  any  firearm  or  ammunition  in 
contravention of that section; or  

(e)  sells  or  transfers,  or  converts,  repairs,  tests  or  proves  any  firearm  or  ammunition  in 

contravention of clause (b) of sub-section (1) of section 9; or  

(f)  brings  into,  or  takes  out  of,  India,  any  arms  or  ammunition  in  contravention  of           

section 10; or  

(g) transports any arms or ammunition in contravention of section 12; or  

(h)  fails  to  deposit  arms  or  ammunition  as  required  by  sub-section  (2)  of  section  3,  or              

sub-section (1) of section 21; or  

(i) being a manufacturer of, or dealer in, arms or ammunition, fails, on being required to do so 
by rules made under section 44, to maintain a record or account or to make therein all such entries 
as are required by such rules or intentionally makes a false entry therein or prevents or obstructs 
the inspection of such record or account or the making of copies of entries therefrom or prevents 
or  obstructs  the  entry  into  any  premises  or  other  place  where  arms  or  ammunition  are  or  is 
manufactured  or  kept  or  intentionally  fails  to  exhibit  or  conceals  such  arms  or  ammunition  or 
refuses to point out where the same are or is manufactured or kept,  

shall be punishable with imprisonment for a term which shall not be less than 2[two years but which 
may extend to five years and shall also be liable to fine] and shall also be liable to fine:  

Provided that the Court may for any adequate and special reasons to be recorded in the judgment 

impose a sentence of imprisonment for a term of less than 3[two years].] 

4[(1C)  Notwithstanding  anything  contained  in  sub-section  (1B),  whoever  commits  an  offence 
punishable under that sub-section in any disturbed area shall be punishable with imprisonment for a 
term which shall not be less than three years but which may extend to seven years and shall also be 
liable to fine.  

1. Subs. by Act 39 of 1985, s. 2, for “one year, but which may extend to five years” (w.e.f. 28-5-1985). 
2. Subs. by Act 48 of 2019, s. 9, for “one year but which may extend to three years” (w.e.f. 14-12-2019). 
3. Subs. by s. 9, ibid., for “one year” (w.e.f. 14-12-2019). 
4. Ins. by Act 39 of 1985, s. 2 (w.e.f. 28-5-1985). 

18 

 
                                                           
Explanation.―For the purposes of this sub-section, “disturbed area” means any area declared to 
be  a  disturbed  area  under  any  enactment,  for  the  time  being  in  force,  making  provision  for  the 
suppression  of  disorder  and  restoration  and  maintenance  of  public  order,  and  includes  any  areas 
specified by notification under section 24A or section 24B.] 

 (2) Whoever being a person to whom sub-clause (i) of clause (a) of sub-section (1) of section 9 
applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that 
section shall be punishable with imprisonment for a term which may extend to one year, or with fine, 
or with both.  

1[(3) Whoever sells or transfers any firearm, ammunition or other arms— 

(i) without informing the district magistrate having jurisdiction or the officer in charge of the 
nearest police station, of the intended sale or transfer of that firearm, ammunition or other arms; 
or  

(ii)  before  the  expiration  of  the  period  of  forty-five  days  from  the  date  of  giving  such 

information to such district magistrate or the officer in charge of the police station,  

in  contravention  of  the  provisions  of  clause  (a)  or  clause  (b)  of  the  proviso  to  sub-section  (2)  of 
section 5, shall be punishable with imprisonment for a term which may extend to six months, or with 
fine of an amount which may extend to five hundred rupees, or with both.]  

(4)  Whoever  fails  to  deliver-up  a  licence  when  so  required  by  the  licensing  authority  under       

sub-section (1) of section 17 for the purpose of varying the conditions specified in the licence or fails 
to  surrender  a  licence  to  the  appropriate  authority  under  sub-section  (10)  of  that  section  on  its 
suspension or revocation shall be punishable with imprisonment for a term which may extend to six 
months, or with fine of an amount which may extend to five hundred rupees, or with both.  

(5) Whoever, when required under section 19 to give his name and address, refuses to give such 
name  and  address  or  gives  a  name  or  address  which  subsequently  transpires  to  be  false  shall  be 
punishable with imprisonment for a term which may extend to six months, or with fine of an amount 
which may extend to two hundred rupees, or with both. 

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

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

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

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

1. Subs. by Act 25 of 1983, s. 8, for sub-section (3) (w.e.f. 22-6-1983). 
2. Ins. by Act 48 of 2019, s. 9 (w.e.f. 14-12-2019). 

19 

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

contravention of section 11,  

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

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

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

(b)  "organised  crime  syndicate"  means  a  group  of  two  or  more  persons  who,  acting  either 

singly or collectively, as a syndicate or gang indulge in activities of organised crime. 

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

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

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

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

1[26.  Secret  contraventions.―(1)  Whoever  does  any  act  in  contravention  of  any  of  the 
provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be 
known to any public servant or to any person employed or working upon a railway, aircraft, vessel, 
vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which 
shall not be less than six months but which may extend to seven years and also with fine. 

(2) Whoever does any act in contravention of any of the provisions of section 5, 6, 7 or 11 in such 
manner  as  to  indicate  an  intention  that  such  act  may  not  be  known  to  any  public  servant  or  to  any 
person  employed  or  working  upon  a  railway,  aircraft,  vessel,  vehicle  or  any  other  means  of 
conveyance, shall be punishable with imprisonment for a term which shall not be less than five years 
but which may extend to ten years and also with fine. 

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

1. Subs. by Act 25 of 1983, s. 9, for section 26 (w.e.f. 22-6-1983).  

20 

 
                                                           
1[27.  Punishment  for  using  arms,  etc.―(1)  Whoever  uses  any  arms  or  ammunition  in 
contravention of section 5 shall be punishable with imprisonment for a term which shall not be less 
than three years but which may extend to seven years and shall also be liable to fine. 

(2)  Whoever  uses  any  prohibited  arms  or  prohibited  ammunition  in  contravention  of  section  7 
shall be punishable with imprisonment for a term which shall not be less than seven years but which 
may extend to imprisonment for life and shall also be liable to fine. 

(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention 
of section 7 and such use or act results in the death of any other person,  2[shall  be punishable with 
imprisonment for life, or death and shall also be liable to fine.] 

28.  Punishment  for  use  and  possession  of  firearms  or  imitation  firearms  in  certain      

cases.―Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm 
with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be 
punishable with imprisonment for a term which may extend to seven years 3[and with fine].  

Explanation.―In  this  section  the  expression  “imitation  firearm”  has  the  same  meaning  as  in 

section 6. 

29.  Punishment  for  knowingly  purchasing  arms,  etc.,  from  unlicensed  person  or  for 

delivering arms, etc., to person not entitled to possess the same.―Whoever― 

(a) purchases any firearms or any other arms of such class or description as may be prescribed 
or  any  ammunition  from  any  other  person  knowing  that  such  other  person  is  not  licensed  or 
authorised under section 5; or 

(b) delivers any arms or ammunition into the possession of another person without previously 
ascertaining that such other person is entitled by virtue of this Act or any other law for the time 
being  in  force  to  have,  and  is  not  prohibited  by  this  Act  or  such  other  law  from  having,  in  his 
possession the same; 

shall be punishable with imprisonment for a term which may extend to 4[three years, or with fine, or 
with both]. 

30.  Punishment  for  contravention  of  licence  or  rule.―Whoever  contravenes  any  condition      

of  a  licence  or  any  provision  of  this  Act  or  any  rule  made  thereunder,  for  which  no  punishment  is 
provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend    
to 5[six months], or with fine which may extend to 6[two thousand] rupees, or with both.  

31. Punishment for subsequent offences.―Whoever having been convicted of an offence under 
this Act is again convicted of an offence under this Act shall be punishable with double the penalty 
provided for the latter offence. 

32.  Power  to  confiscate.―(1)  When  any  person  is  convicted  under  this  Act  of  any  offence 
committed by him in respect of any arms or ammunition, it shall be in the discretion of the convicting 
court  further  to  direct  that  the  whole  or  any  portion  of  such  arms  or  ammunition,  and  any  vessel, 

1. Subs. by Act 42 of 1988, s. 6, for section 27 (w.e.f. 27-5-1988). 
2. Subs. by Act 48 of 2019, s. 10, for “shall be punishable with imprisonment for life, or death and shall also be liable to 

fine” (w.e.f. 14-12-2019). 

3. Subs. by Act 25 of 1983, s. 10, for “, or with fine, or with both” (w.e.f. 22-6-1983). 
4. Subs. by s. 11, ibid., for certain words (w.e.f. 22-6-1983). 
5. Subs. by s. 12, ibid., for “three months” (w.e.f. 22-6-1983).  
6. Subs. by s. 12, ibid.,  for “five hundred” (w.e.f. 22-6-1983). 

21 

 
                                                           
vehicle or other means of conveyance and any receptacle or thing containing, or used to conceal, the 
arms or ammunition shall be confiscated:  

Provided that if the conviction is set aside on appeal or otherwise, the order of confiscation shall 

become void. 

(2) An order of confiscation may also be made by the appellate court or by the High Court when 

exercising its powers of revision. 

33. Offences by companies.―(1) Whenever an offence under this Act has been committed by a 
company,  every  person  who  at  the  time  the  offence  was  committed  was  in  charge  of,  or  was 
responsible to the company for the conduct of, the business of the company, as well as the company, 
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished 
accordingly: 

 Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment  under  this  Act  if  he  proves  that the  offence  was committed  without  his  knowledge  and 
that he exercised all due diligence to prevent the commission of such offence.  

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has 
been committed by a company and it is proved that the offence has been committed with the consent 
or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or 
other officer of the company, such director, manager, secretary or other officer shall also be deemed 
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.  

Explanation.―For the purposes of this section,―  

(a)  “company”  means  any  body  corporate,  and  includes  a  firm  or  other  association  of 

individuals; and  

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

CHAPTER VI  

MISCELLANEOUS 

34.  Sanction  of  Central  Government  for  warehousing  of  arms.―Notwithstanding  anything 
contained in the 1[Customs Act, 1962 (52 of 1962),] no arms or ammunition shall be deposited in any 
warehouse licensed under 2[section 58] of that Act without the sanction of the Central Government. 

35.  Criminal  responsibility  of  persons  in  occupation  of  premises  in  certain  cases.―Where 
any  arms  or  ammunition  in  respect  of  which  any  offence  under  this  Act  has  been  or  is  being 
committed are or is found in any premises, vehicle or other place in the joint occupation or under the 
joint control of several persons, each of such persons in respect of whom there is reason to believe 
that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place 
shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is 
being committed by him alone. 

36.  Information  to  be  given  regarding  certain  offences.―(1)  Every  person  aware  of  the 
commission  of  any  offence  under this  Act  shall,  in  the  absence  of reasonable  excuse the  burden  of 
proving which shall lie upon such person, give information of the same to the officer in charge of the 
nearest police station or the magistrate having jurisdiction.  

1. Subs. by Act 25 of 1983, s. 13, for “Sea Customs Act, 1878 (8 of 1878)” (w.e.f. 22-6-1983). 
2. Subs. by s. 13, ibid., for “section 16” (w.e.f. 22-6-1983). 

22 

 
                                                           
(2) Every person employed or working upon any railway, aircraft, vessel, vehicle or other means 
of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon 
such person, give information to the officer in charge of the nearest police station regarding any box, 
package  or  bale  in  transit  which  he  may  have  reason  to  suspect  contains  arms  or  ammunition  in 
respect of which an offence under this Act has been or is being committed. 

37. Arrest and searches.―Save as otherwise provided in this Act,― 

(a)  all  arrests  and  searches  made  under  this  Act  or  under  any  rules  made  thereunder            

shall  be  carried  out 
Procedure, 1973 (2 of 1974)], relating respectively to arrests and searches made under that Code;  

in  accordance  with 

the  provisions  of 

the  1[Code  of  Criminal               

(b)  any  person  arrested  and  any  arms  or  ammunition  seized  under  this  Act  by  a  person  not 
being a magistrate or a police officer shall be delivered without delay to the officer in charge of 
the nearest police station and that officer shall— 

(i)  either  release that  person  on  his  executing  a  bond with  or  without sureties  to  appear 
before a magistrate and keep the things seized in his custody till the appearance of that person 
before the magistrate, or 

 (ii) should that person fail to execute the bond and to furnish, if so required, sufficient 

sureties, produce that person and those things without delay before the magistrate. 

38.  Offences  to  be  cognizable.―Every  offence  under  this  Act  shall  be  cognizable  within  the 

meaning of the 1[Code of Criminal Procedure, 1973 (2 of 1974)]. 

39. Previous sanction of the district magistrate necessary in certain cases.―No prosecution 
shall be instituted against any person in respect of any offence under section 3 without the previous 
sanction of the district magistrate. 

40.  Protection  of  action  taken  in  good  faith.―No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done under this 
Act. 

41. Power to exempt.―Where the Central Government is of the opinion that it is necessary or 
expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to 
such conditions, if any, as it may specify in the notification,― 

(a) 2[exempt any person or class of persons (either generally or in relation to such description 
of arms and ammunition as may be specified in the notification)], or exclude any description of 
arms  or  ammunition,  or  withdraw  any  part  of  India,  from  the  operation  of  all  or  any  of  the 
provisions of this Act; and  

(b) as often as may be, cancel any such notification and again subject, by a like notification, 
the person or class of persons or the description of arms and ammunition or the part of India to the 
operation of such provisions. 

42. Power to take census of firearms.―(1) The Central Government may, by notification in the 
Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of 
Government to take such census. 

1. Subs. by Act 25 of 1983, s. 14, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1983). 
2. Subs. by s. 15, ibid., for “exempt any person or class of persons” (w.e.f. 22-6-1983). 

23 

 
                                                           
(2) On the issue of any such notification all persons having in their possession any firearm in that 
area shall furnish to the officer concerned such information as he may require in relation thereto and 
shall produce before him such firearms if he so requires. 

43.  Power  to  delegate.―(1)  The  Central  Government  may,  by  notification  in  the  Official 
Gazette, direct that any power or function which may be exercised or performed by it under this Act 
other than the power under section 41 or the power under section 44 may, in relation to such matters 
and subject to such conditions, if any, as it may specify in the notification, be exercised or performed 
also by― 

(a) such officer or authority subordinate to the Central Government, or 

(b) such State Government or such officer or authority subordinate to the State Government,  

as may be specified in the notification.  

(2)  Any  rules  made  by  the  Central  Government  under  this  Act  may  confer  powers  or  impose 
duties  or  authorise  the  conferring  of  powers  or imposition  of  duties  upon  any  State  Government  or 
any officer or authority subordinate thereto. 

44.  Power  to  make  rules.―(1)  The  Central  Government  may,  by  notification  in  the  Official 

Gazette, make rules for carrying out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:― 

(a) the appointment, jurisdiction, control and functions of licensing authorities 1[including the 

areas and the categories or arms and ammunition for which they may grant licences]; 

(b) the form and particulars of application for the grant or renewal of a licence and where the 

application is for the renewal of a licence, the time within which it shall be made; 

(c)  the  form  in  which  and  the  conditions  subject  to  which  any  licence  may  be  granted  or 

refused, renewal, varied, suspended or revoked; 

(d)  where  no  period  has  been  specified  in  this  Act,  the  period  for  which  any  licence  shall 

continue to be in force; 

(e) the fees payable in respect of any application for the grant or renewal of a licence and in 

respect of any licence granted or renewed and the manner of paying the same;  

 (f) the manner in which the maker’s name, the manufacturer’s number or other identification 
mark of a 2[ firearm or ammunition shall be stamped or otherwise shown thereon for the purposes 
of tracing]; 

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

 (g) the procedure for the test or proof of any firearms; 

(h) the firearms that may be used in the course of training, the age-limits of persons who may 

use them and the conditions for their use by such persons; 

1. Ins. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983).  
2. Subs. by Act 48 of 2019, s. 11, for “firearm shall be stamped or otherwise shown thereon” (w.e.f. 14-12-2019). 
3. Ins. by s. 11, ibid. (w.e.f. 14-12-2019). 

24 

 
                                                           
(i)  the  authority  to  whom  appeals  may  be  preferred  under  section  18,  the  procedure  to  be 
followed by such authority and the period within which appeals shall be preferred, the fees to be 
paid in respect of such appeals and the refund of such fees; 

(j)  the  maintenance  of  records  or  accounts  of  anything  done  under  a  licence  other  than  a 
licence under section 3 or section 4, the form of, and the entries to be made in, such records or 
accounts and the exhibition of such records or accounts to any police officer or to any officer of 
Government empowered in this behalf; 

(k) the entry and inspection by any police officer or by any officer of Government empowered 
in this behalf of any premises or other place in which arms or ammunition are or is manufactured 
or  in  which  arms  or  ammunition  are  or  is  kept  by  a  manufacturer  of  or  dealer  in  such  arms  or 
ammunition and the exhibition of the same to such officer; 

(l)  the  conditions  subject  to  which  arms  or  ammunition  may  be  deposited  with  a  licensed 
dealer  or  in  a  unit  armoury  as  required  by  sub-section  (1)  of  section  21  and  the  period  on  the 
expiry of which the things so deposited may be forfeited; 

(m) any other matter which is to be, or may be, prescribed. 

 (3) Every rule made under this section shall be laid, as soon as may be after it is made, before 
each  House  of  Parliament,  while  it  is  in  session  for  a  total  period  of  thirty  days  which  may  be 
comprised  in  one  session  or  in  1[two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the 
session immediately following the session or the successive sessions aforesaid], both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule 
shall  thereafter  have  effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so, 
however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule. 

45.  Act not to apply in certain cases.―Nothing in this Act shall apply to― 

(a) arms or ammunition on board any sea-going vessel or any aircraft and forming part of the 

ordinary armament or equipment of such vessel or aircraft; 

(b) the acquisition, possession or carrying, the manufacture, repair, conversion, test or proof, 

the sale or transfer or the import, export or transport of arms or ammunition― 

(i) by or under orders of the Central Government, or 

(ii) by a public servant in the course of his duty as such public servant, or 

(iii)  by  a  member  of  the  National  Cadet  Corps  raised  and  maintained  under  the      

National  Cadet  Corps  Act,  1948  (31  of  1948),  or  by  any  officer  or  enrolled  person  of  the 
Territorial Army raised and maintained under the Territorial Army Act, 1948 (56 of 1948), or 
by any member of any other forces raised and maintained or that may hereafter be raised and 
maintained  under  any  Central  Act,  or  by  any  member  of  such  other  forces  as  the  Central 
Government may, by notification in the Official Gazette, specify, in the course of his duty as 
such member, officer or enrolled person; 

(c)  any  weapon  of  an  obsolete  pattern  or  of  antiquarian  value  or  in  disrepair  which  is  not 

capable of being used as a firearm either with or without repair; 

1. Subs. by Act 25 of 1983, s. 16, for certain words (w.e.f. 22-6-1983). 

25 

 
                                                           
(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition 
which are not intended to be used along with complementary parts acquired or possessed by that 
or any other person. 

46. Repeal of Act 11 of 1878.―(1) The Indian Arms Act, 1878 (11 of 1878), is hereby repealed.  

(2) Notwithstanding the repeal of the Indian Arms Act, 1878 (11 of 1878), and without prejudice 
to the provisions of sections 6 and 24 of the General Clauses Act, 1897 (10 of 1897), every licence 
granted or renewed under the first-mentioned Act and in force immediately before the commencement 
of this Act shall, unless sooner revoked, continue in force after such commencement for the unexpired 
portion of the period for which it has been granted or renewed. 

26 

 
