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Taxmann's Arms Act 1959 with Arms Rules 2016

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© Taxmann Price : ` 325 Law stated in this book is as updated till 15th November, 2025 Published by : Taxmann Publications (P.) Ltd. Sales & Marketing : 59/32, New Rohtak Road, New Delhi-110 005 India Phone : +91-11-45562222 Website : www.taxmann.com E-mail : sales@taxmann.com Regd. Office : 21/35, West Punjabi Bagh, New Delhi-110 026 India Printed at : Tan Prints (India) Pvt. Ltd. 44 Km. Mile Stone, National Highway, Rohtak Road Village Rohad, Distt. Jhajjar (Haryana) India E-mail : sales@tanprints.com Disclaimer Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications. No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action. For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.


Contents ARMS ACT, 1959 PAGE

CHAPTER I PRELIMINARY 1. Short title, extent and commencement

1

2. Definitions and interpretation

1

CHAPTER II ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION 3. Licence for acquisition and possession of firearms and ammunition

6

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

7

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

7

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

8

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

8

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

9

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

10

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

12

I-5


CONTENTS

I-6 PAGE

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

13

12. Power to restrict or prohibit transport of arms

13

CHAPTER III PROVISIONS RELATING TO LICENCES 13. Grant of licences

13

14. Refusal of licences

14

15. Duration and renewal of licence

14

16. Fees, etc., for licence

15

17. Variation, suspension and revocation of licences

15

18. Appeals

16 CHAPTER IV POWERS AND PROCEDURE

19. Power to demand production of licence, etc.

17

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

17

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

17

22. Search and seizure by Magistrate

18

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

19

24. Seizure and detention under orders of the Central Government

19

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

19

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

20

CHAPTER V OFFENCES AND PENALTIES 25. Punishment for certain offences

21

26. Secret contraventions

33

27. Punishment for using arms, etc.

35

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

38

29. Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same

38

30. Punishment for contravention of licence or rule

39


I-7

CONTENTS PAGE

31. Punishment for subsequent offences

40

32. Power to confiscate

40

33. Offences by companies

41 CHAPTER VI

MISCELLANEOUS 34. Sanction of the Central Government for warehousing of arms

42

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

42

36. Information to be given regarding certain offences

42

37. Arrest and searches

43

38. Offences to be cognizable

43

39. Previous sanction of the District Magistrate necessary in certain cases

44

40. Protection of action taken in good faith

44

41. Power to exempt

44

42. Power to take census of firearms

44

43. Power to delegate

45

44. Power to make rules

45

45. Act not to apply in certain cases

46

46. Repeal of Act 11 of 1878

47

SUBJECT INDEX

49

ARMS RULES, 2016 CHAPTER I GENERAL 1. Short title

53

2. Definitions

53

3. Classification of arms and ammunition

59

4. Licence for arms other than firearms and applicability of section 4

59

CHAPTER II LICENSING PROCEDURE 5. Licensing authority and forms of licences

59


CONTENTS

I-8 PAGE

6. Restriction in granting licences for acquisition, possession or carrying of arms or ammunition of category I of Schedule I

59

7. Licensing authorities to furnish information to district magistrate

60

8. Possession of arms or ammunition for certain purposes to include use thereof

60

9. Restrictions by Central Government in certain cases

60

10. Safe use and storage of firearms

60

11. Application for licence

61

12. Obligations of licensing authority in certain cases

63

13. Time limit for grant of licence

64

14. Time limit for police report for grant of licences

64

15. Maintenance of records in electronic format and consolidation of licences

65

16. Duty of licensing authority under NDAL

66

17. Registration of licence with an outside licensing authority and change of address with existing licensing authority

66

18. Permission for possession of arms to be acquired subsequent to grant of licence

67

19. Extension of area validity of licence

67

20. Additional licences for individuals

68

21. Retainers for exemptees

69

22. Retainers for companies

69

23. Restriction on the quantity of ammunition used in breech loading firearms

70

24. Renewal of licences

70

25. Grant of licences to legal heirs

71

26. Form of certain licences

72

27. Fees for licences

72

28. Fee payable for copies and duplicates

73

29. Collection of fees

73

30. Inspection of arms by the licensing authority

73

31. Production of licences

73

32. Restrictions on carrying of firearm in public place

73

33. Correction of information

74

34. Identification marks on firearms

74


I-9

CONTENTS PAGE

CHAPTER III SPECIAL CATEGORIES OF LICENCES 35. Licence for destruction of wild animals which do injury to human beings or cattle and damage to crops

75

36. Licence for training and target practice

75

37. Licence for sport shooting association

76

38. Licence for shooting ranges

77

39. Licence for accredited trainers

77

40. Quantity of ammunition to sports persons, shooting associations, etc.

78

41. Licence to museums

81

42. Licence for arms and ammunition for theatrical, film or television productions

82

43. Acquisition, possession and export of arms or ammunition by tourists visiting India

82

44. Licence to an International sports person for participation in shooting events in India

83

45. Other temporary categories of import/export licences

83

46. Licence for firearm free zones

84

CHAPTER IV DEPOSIT OF ARMS AND AMMUNITION 47. Deposit of arms and ammunition under section 21

85

48. Deposit of arms and ammunition for safe custody (otherwise than under section 21)

87

49. Records and returns of articles deposited

88

50. Inspection

89 CHAPTER V

MANUFACTURERS, ARMS DEALERS AND GUNSMITHS PART I Manufacture and Proof Test of Firearms 51. License for manufacture and proof test

89

52. Type of firearms for grant of a licence in Form VII for manufacture and proof test

90

53. Applications for a licence in Form VII

90


CONTENTS

I-10 PAGE

54. Procedure for grant of licence in Form VII

92

55. Other requirements as to licences granted in Form VII

93

56. Obligations of licensees having licensee Form VII

95

57. Import of machinery for manufacturing arms and ammunition and other parts etc.

96

58. Marking of firearms and ammunition at the time of manufacture

96

59. Proof test of firearms

98

60. Capacity revision and applicability of new norms to existing manufacturers

100

60A. Capacity revision for new manufacturers issued licence in Form VII

101

60B. Enhanced annual production

101

61. Licence in case of an individual or a sole proprietor

101

62. Admission of partners in case of existing manufacturer

102

63. Conversion of partnership firm into a private limited company

102

64. Restoration of licence of a discontinued business of an existing manufacturer

102

65. Record of transactions to be maintained by licensees holding licence in Form VII

102

66. Enforcement powers as to inspection and confiscation

104

PART II Manufacture of Replica of Firearms 67. Licence to manufacture replica of firearms

105

68. Inspection of samples of replica of firearms

105

69. Markings of replicas of firearms

106

70. Maintenance of records by manufacturer of replicas of firearms

106

71. Procedure for making replicas of firearms innocuous

107

72. Sale and export of replicas of firearms

107

PART III Arms and Ammunition Dealers 73. Grant of licences to arms and ammunition dealers

108

74. Licence for restricted category of firearms and ammunition to arms and ammunition dealers

108

75. Records of transactions to be maintained by arms and ammunition dealers

109


I-11

CONTENTS

PAGE

76. Licence to keep in custody arms and ammunition

111

PART IV Accredited Gunsmiths 77. Licence for carrying out minor repairs

112

78. Licence for carrying out major repairs, conversion, etc.

112

79. Other conditions for licences issued in Forms IX and IX-A

113

80. Unserviceable or defective and deactivated firearm

113

81. Technical procedure for deactivation of firearms

114

82. Records of transactions to be maintained by gunsmiths holding a licence in Form IX or IX-A

115

PART V Common Provisions for Manufacturers, Arms Dealers and Gunsmiths 83. Inspection of premises, stock and record

116

84. Manufacture and sale of air weapons including paintball markers or guns

117

85. Obligations of air weapon dealers

117

86. Powers of Central Government in certain cases

118

CHAPTER VI IMPORT AND EXPORT OF ARMS AND AMMUNITION 87. Licences for import and export of arms and ammunition

118

88. Import of arms and ammunition

119

89. Import of certain type of arms

119

90. Export of arms and ammunition

120

91. Export and re-import of arms and ammunition

121

92. In-transit licence of arms and ammunition

121

93. Vessels entering the territorial waters of India

122

94. Arms or ammunition to be delivered to Indian customs authority in certain cases

123

95. Scrutiny by authorities of consignments containing arms and ammunition

123


CONTENTS

I-12 PAGE

CHAPTER VII PART I Transport of Arms and Ammunition 96. Prohibition of transport of arms and ammunition

123

97. Transport of arms or ammunition

125

98. Previous consent in certain cases

125

99. Carriage of arms and ammunition by air

126

100. Packaging of arms and ammunition during transportation

127

PART II Transporter’s Licence 101. Licence for transporter

126

102. Procedural requirements for transporter’s licence

127

CHAPTER VIII DISPOSAL AND DESTRUCTION OF FIREARMS AND AMMUNITION 103. Confiscation, capture or seizure of firearms and ammunition

128

104. Destruction of firearms and ammunition

129

CHAPTER IX APPEALS UNDER ARMS ACT 105. Appellate authorities

130

106. Reasons to be communicated to appellate authority in certain cases

130

107. Appeal against order of licensing authority or an authority suspending or revoking a licence under sub-section (6) of section 17 of the Act

130

108. Procedure to be followed by appellate authority

131

109. Fee payable on a petition for appeal made under sub-section (1) of section 18 of the Act

131

CHAPTER X PROVISIONS RELATING TO NEPAL 110. Import, transport and export of arms and ammunition for Government of Nepal

131

111. Transport of arms from any place in Nepal to any other place in Nepal through Indian territory

132


I-13

CONTENTS PAGE

CHAPTER XI MISCELLANEOUS 112. Common conditions applicable to all types of licences

132

113. Security and precautionary conditions for storage of ingredients of ammunition specified in category VI of Schedule I

133

SCHEDULE I

134

SCHEDULE II

137

SCHEDULE III

147

SCHEDULE IV

250

SCHEDULE V

253


Arms Act, 1959 [54 OF 1959]* 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:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (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 date1 as the Central Government may, by notification in the Official Gazette, appoint. Definitions and interpretation. 2. (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 2[and other missiles], (ii) articles designed for torpedo service and submarine mining, (iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not, (iv) charges for firearms and accessories for such charges, (v) fuses and friction tubes, (vi) parts of, and machinery for manufacturing ammunition, and (vii) such ingredients of ammunition as the Central Government may, by notification in the Official Gazette, specify in this behalf; *23-12-1959 1. With effect from 1-10-1962 vide Notification No. G.S.R. 992, dated 13-7-1962. 2. Substituted for “and other like missiles” by the Arms (Amendment) Act, 1988, w.r.e.f. 27-5-1988.

1


S. 2

ARMS ACT, 1959

2

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

3

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

4

(f) “licensing authority” means an officer or authority empowered to grant or renew licences under rules made under the Act, and includes the government; 5

[(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, 6[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;

3. 4. 5. 6.

Substituted by the Arms (Amendment) Act, 1971, w.e.f. 13-12-1971. Inserted by the Arms (Amendment) Act, 2019, w.e.f. 14-12-2019. Inserted by the Arms (Amendment) Act, 1983, w.r.e.f. 22-6-1983. Inserted by the Arms (Amendment) Act, 1988, w.r.e.f. 27-5-1988.


3

ARMS ACT, 1959

S. 2

(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 things, 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, 1860 (45 of 1860); (k) “transfer” with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession. (2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing. (3) Any reference in the Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. (4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette. COMMENTS SECTION NOTES

2.1 Definition of “Ammunition” [Section 2(b)] Clause (a): “Ammunition” means ammunition for any firearm and includes a wide array

of military, explosive and chemical devices. Clause (b): The term explicitly includes the following categories: Sub-clause (i): Rockets, bombs, grenades, shells and other missiles. Sub-clause (ii): Articles designed for:

z Torpedo service, and

z Submarine mining.

Sub-clause (iii): Articles that:

z Contain, or are designed or adapted to contain:

z Explosive, fulminating or fissionable material, or

z Noxious liquids, gases or similar substances, whether they are capable of

use with firearms or not.


S. 2

ARMS ACT, 1959

4

Sub-clause (iv): Charges for firearms, and

z Accessories for such charges.

Sub-clause (v): Fuses and friction tubes. Sub-clause (vi): Parts of ammunition, and

z Machinery for manufacturing ammunition.

Sub-clause (vii): Any ingredient of ammunition as may be notified by the Central

Government in the Official Gazette. 2.2 Definition of “Arms” [Section 2(c)] “Arms” means: Articles of any description that are:

z Designed, or

z Adapted as weapons for offence or defence.

The term expressly includes: Firearms Sharp-edged weapons Other deadly weapons Parts of arms Machinery for manufacturing arms The following are excluded from the definition of “arms”: Articles designed solely for domestic or agricultural uses, such as:

z A lathi (wooden staff), or

z An ordinary walking stick.

Toys and weapons that are:

z Incapable of being used as functional weapons, or

z Incapable of being converted into serviceable weapons.

2.3 Definition of “Firearms” [Section 2(e)] “Firearms” means: Arms of any description that are designed or adapted to discharge a projectile

(or projectiles), Using the action of any explosive or other forms of energy. The definition includes the following specific categories:

2.3-1 Clause (i) Artillery, hand-grenades, riot-pistols, or Weapons of any kind designed or adapted for discharging: Noxious liquids, gases or similar substances.

2.3-2 Clause (ii) Accessories for such firearms, which are: Designed or adapted to diminish the noise or flash from firing.


5

ARMS ACT, 1959

S. 2

2.3-3 Clause (iii) Parts of firearms, and Machinery used for manufacturing firearms.

2.3-4 Clause (iv) Carriages, platforms, and appliances used for: Mounting, Transporting, or Serving artillery.

2.4 Definition of “Prohibited Ammunition” [Section 2(h)] “Prohibited ammunition” refers to any ammunition that: Contains, or Is designed or adapted to contain, Any noxious liquid, gas or other such substances. The definition explicitly includes: Rockets Bombs Grenades Shells Missiles (added through amendment) Articles designed for:

z Torpedo service, and

z Submarine mining

Other articles as notified:

z The Central Government may, by notification in the Official Gazette, specify

additional types of ammunition to be treated as prohibited. 2.5 Definition of “Prohibited Arms” [Section 2(i)] “Prohibited arms” includes the following categories:

2.5-1 Clause (i): Fully automatic firearms Firearms that are: Designed or adapted such that:

z When pressure is applied to the trigger, missiles are continuously discharged

until:

The pressure is removed, or

The magazine is emptied.

2.5-2 Clause (ii): Chemical discharge weapons Weapons of any description designed or adapted for: The discharge of noxious liquids, gases or other such substances.


S. 3

ARMS ACT, 1959

6

2.5-3 Inclusive clause Additionally, “prohibited arms” also includes: Artillery (e.g., large-caliber field guns), Anti-aircraft firearms, Anti-tank firearms, Any other arms specified as “prohibited arms” by the Central Government, via

notification in the Official Gazette.

CHAPTER II ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION Licence for acquisition and possession of firearms and ammunition. 3.

[(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: 7

Provided that a person may, without himself holding a licence, carry any firearms 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) 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 9[two firearms]:

8

[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:

10

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

7. Section 3 renumbered as sub-section (1) thereof by the Arms (Amendment) Act 1983, w.r.e.f. 22-6-1983. 8. Inserted, ibid. 9. Substituted for “three firearms” by the Arms (Amendment) Act, 2019, w.e.f. 14-12-2019. 10. Substituted, ibid. Prior to its substitution, proviso read as under: “Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions, prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer, or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.”


ARMS ACT 1959 WITH ARMS RULES 2016 – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE

: : : : : : :

TAXMANN'S EDITORIAL BOARD TAXMANN NOVEMBER 2025 2026 EDITION 9789371261999 268 PAPERBACK

Rs. 325

DESCRIPTION Arms Act 1959 with Arms Rules 2016 [Bare Act with Section Notes] by Taxmann provides a complete and updated statutory framework on arms, ammunition, licensing, manufacturing, and regulatory controls in India. This Edition consolidates all amendments, notifications, and rule changes up to date, supported by crisp Section Notes that explain legislative intent, procedural requirements, and practical implications. It serves as a reliable and accessible reference for navigating India's arms-control legislation with clarity and precision. This publication is essential for a broad spectrum of legal, administrative, and sector-specific professionals, including: • Advocates & Legal Practitioners • Judges & Judicial Officers • Police Officers, Enforcement Agencies & Licensing Authorities • Security Agencies & Defence Personnel • Manufacturers, Dealers & Importers • Academicians, Researchers & Students • General Citizens & Licence Holders The Present Publication is the 2026 Edition, covering the amended and updated text of the Arms Act [Act No. 54 of 1959] and Rules, with the following noteworthy features: • [Comprehensive Legal Coverage] Fully updated Act and Rules in a clean, reader-friendly format • [Section-wise Editorial Notes] Brief insights on legislative purpose, scope, and practical application • [Latest Amendments Included] Incorporates all statutory revisions, notifications, and rule updates • [Pre-amendment Text Provided] Footnoted earlier provisions for historical context and transitional applicability • [Easy Navigation] Clear sub-division of clauses, rule-to-section mapping, and structured headings • [Compliance-focused Presentation] Clarifies obligations, offences, penalties, and procedures for authorities and licensees • [Practical Utility] Ideal for courts, law enforcement, academic study, and professional reference

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