ARMS ACT, 1959
CHAPTER I PRELIMINARY
1. Short title, extent and commencement 1
2. De nitions and interpretation 1
CHAPTER II
ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION
3. Licence for acquisition and possession of rearms and ammunition 6
4. Licence for acquisition and possession of arms of speci ed 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 rearms into rearms 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 rearms not bearing identi cation marks 9
9. Prohibition of acquisition or possession by, or of sale or transfer to young persons and certain other persons of rearms, etc. 10
10. Licence for import and export of arms, etc. 12
11. Power to prohibit import or export of arms, etc.
Power to restrict or prohibit transport of arms
CHAPTER III
CHAPTER
IV POWERS AND PROCEDURE
19. Power to demand production of licence, etc.
20. Arrest of persons conveying arms, etc., under suspicious circumstances
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 noti ed arms in disturbed areas, etc. 19
24B. Prohibition as to carrying of noti ed arms in or through public places in disturbed areas, etc.
CHAPTER V
28. Punishment for use and possession of rearms or imitation rearms 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.
34.
35.
36.
37.
38.
39.
40.
4.
ARMS RULES, 2016
5.
6. Restriction in granting licences for acquisition, possession or carrying of arms or ammunition of category I of Schedule I
7. Licensing authorities to furnish information to district magistrate
8. Possession of arms or ammunition for certain purposes to include use thereof
9. Restrictions by Central Government in certain cases
10. Safe use and storage of rearms
11. Application for licence
12.
13.
14.
15.
16. Duty of licensing authority under NDAL
17. Registration of licence with an outside licensing authority and change of address with existing licensing authority
18. Permission for possession of arms to be acquired subsequent to grant of licence
19.
20.
23.
33.
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, lm 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 rearm 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 rearms for grant of a licence in Form VII for manufacture and proof test 90
53. Applications for a licence in Form VII 90
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 rearms and ammunition at the time of manufacture 96
59. Proof test of rearms 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 rm 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 con scation 104
PART II
Manufacture of Replica of Firearms
67. Licence to manufacture replica of rearms
68. Inspection of samples of replica of rearms
69. Markings of replicas of rearms
70. Maintenance of records by manufacturer of replicas of rearms 106
71. Procedure for making replicas of rearms innocuous 107
72. Sale and export of replicas of rearms 107
PART III
Arms and Ammunition Dealers
73. Grant of licences to arms and ammunition dealers 108
74. Licence for restricted category of rearms and ammunition to arms and ammunition dealers
75. Records of transactions to be maintained by arms and ammunition dealers 109
CONTENTS
76. Licence to keep in custody arms and ammunition
PART IV
Accredited Gunsmiths
77. Licence for carrying out minor repairs
78. Licence for carrying out major repairs, conversion, etc.
79. Other conditions for licences issued in Forms IX and IX-A
80. Unserviceable or defective and deactivated rearm
81. Technical procedure for deactivation of rearms
82. Records of transactions to be maintained by gunsmiths holding a licence in Form IX or IX-A
PART V
Common Provisions for Manufacturers, Arms Dealers and Gunsmiths
83. Inspection of premises, stock and record
84. Manufacture and sale of air weapons including paintball markers or guns
85. Obligations of air weapon dealers
86. Powers of Central Government in certain cases
CHAPTER VI
IMPORT AND EXPORT OF ARMS AND AMMUNITION
87. Licences for import and export of arms and ammunition
88. Import of arms and ammunition
89. Import of certain type of arms
90. Export of arms and ammunition
91. Export and re-import of arms and ammunition
92. In-transit licence of arms and ammunition
93. Vessels entering the territorial waters of India
94. Arms or ammunition to be delivered to Indian customs authority in certain cases
95. Scrutiny by authorities of consignments containing arms and ammunition
CHAPTER VII
PART I
Transport of Arms and Ammunition
96. Prohibition of transport of arms and ammunition
97. Transport of arms or ammunition
98. Previous consent in certain cases
99. Carriage of arms and ammunition by air
100. Packaging of arms and ammunition during transportation
PART II
Transporter’s Licence
101. Licence for transporter
102. Procedural requirements for transporter’s licence
CHAPTER VIII
DISPOSAL AND DESTRUCTION OF FIREARMS AND AMMUNITION
103. Con scation, capture or seizure of rearms and ammunition
104. Destruction of rearms and ammunition
CHAPTER IX
APPEALS UNDER ARMS ACT
105. Appellate authorities
106. Reasons to be communicated to appellate authority in certain cases
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
108. Procedure to be followed by appellate authority
109. Fee payable on a petition for appeal made under sub-section (1) of section 18 of the Act
CHAPTER X
PROVISIONS RELATING TO NEPAL
110. Import, transport and export of arms and ammunition for Government of Nepal
111. Transport of arms from any place in Nepal to any other place in Nepal through Indian territory
CHAPTER XI
MISCELLANEOUS
112. Common conditions applicable to all types of licences 132
113. Security and precautionary conditions for storage of ingredients of ammunition speci ed in category VI of Schedule I 133
SCHEDULE I 134
SCHEDULE II
SCHEDULE III
SCHEDULE IV
SCHEDULE V
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 noti cation in the Of cial Gazette, appoint.
De nitions 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.
(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;
3[(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 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;
4[(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;]
(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. Substituted by the Arms (Amendment) Act, 1971, w.e.f. 13-12-1971.
4. Inserted by the Arms (Amendment) Act, 2019, w.e.f. 14-12-2019.
5. Inserted by the Arms (Amendment) Act, 1983, w.r.e.f. 22-6-1983.
6. Inserted by the Arms (Amendment) Act, 1988, w.r.e.f. 27-5-1988.
(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 rearm shall be measured from the muzzle to the point at which the charge is exploded on ring.
(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 of cer or authority shall, in relation to any area in which there is no of cer or authority with the same designation, be construed as a reference to such of cer or authority as may be speci ed by the Central Government by noti cation in the Of cial 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: Torpedo service, and Submarine mining.
Sub-clause (iii): Articles that: Contain, or are designed or adapted to contain: Explosive, fulminating or fissionable material, or Noxious liquids, gases or similar substances, whether they are capable of use with firearms or not.
Sub-clause (iv): Charges for firearms, and Accessories for such charges.
Sub-clause (v): Fuses and friction tubes.
Sub-clause (vi): Parts of ammunition, and 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: Designed, or
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: A lathi (wooden staff), or An ordinary walking stick.
Toys and weapons that are:
Incapable of being used as functional weapons, or 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.
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: Torpedo service, and Submarine mining
Other articles as notified:
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: 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.
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 rearms and ammunition.
3. 7[(1)] No person shall acquire, have in his possession, or carry any rearm 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 rearms 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.
8[(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 rearms]:
10[Provided that a person who has in his possession more rearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such rearms and shall deposit, within one year from such commencement, the remaining rearm with the of cer 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 rearms 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.”
(3) Nothing contained in sub-section (2) shall apply to any dealer in rearms or to any member of a ri e club or ri e association licensed or recognised by the Central Government using a point 22 bore ri e or an air ri e for target practice.
(4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of rearms 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.]
Licence for acquisition and possession of arms of speci ed description in certain cases.
4. 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 rearms should also be regulated, it may, by noti cation in the Of cial Gazette, direct that this section shall apply to the area speci ed in the noti cation and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be speci ed in that noti cation unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.
Licence for manufacture, sale, etc., of arms and ammunition.
5. 11[(1)] No person shall—for
(a) 12[use, 13[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 rearms 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.
14[***]
15[(2) Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arm 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 rearm 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 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
11. Section 5 renumbered as sub-section (1) by the Arms (Amendment) Act 1983, w.r.e.f. 22-6-1983.
12. Substituted for “manufacture” by the Arms (Amendment) Act, 1988, w.r.e.f. 27-5-1988.
13. Substituted for “manufacture” by the Arms (Amendment) Act, 2019, w.e.f. 14-12-2019.
14. Proviso omitted by the Arms (Amendment) Act, 1983, w.r.e.f. 22-6-1983.
15. Inserted, ibid
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.]
Licence for the shortening of guns or conversion of imitation rearms into rearms.
6. No person shall shorten the barrel of a rearm or convert an imitation rearm into a rearm 16[or convert from any category of rearms mentioned in the Arms Rules, 2016 into any other category of rearms] 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 rearms” means anything which has the appearance of being a rearm, whether it is capable of discharging any shot, bullet or other missile or not.
Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition.
7. No person shall—
(a) acquire, have in his possession or carry; or
(b) 17[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.
COMMENTS
SECTION NOTES
7.1 Prohibition of acquisition, possession or dealing in prohibited arms or ammunition
No person shall engage in any of the following actions concerning prohibited arms or prohibited ammunition, unless specially authorised by the Central Government:
7.1-1 Clause (a): Possession and carrying
Prohibited actions: Acquire, Possess, or Carry prohibited arms/ammunition.
7.1-2 Clause (b): Usage and commercial handling
Prohibited actions: Use,
16. Inserted by the Arms (Amendment) Act, 2019, w.e.f. 14-12-2019.
17. Substituted for “manufacture” by the Arms (Amendment) Act, 1988, w.r.e.f. 27-5-1988.
Manufacture, Sell, Transfer, Convert, Repair, Test, or Prove such arms/ammunition.
7.1-3 Clause (c): Commercial offering and inventory holding Prohibited actions: Expose or offer for sale or transfer, Possess for purposes of: Sale, Transfer, Conversion, Repair, Testing, or Proofing.
7.1-4 Condition for exception
All the above activities are prohibited by default.
Exception: The person must have been specially authorised by the Central Government. Prohibition of sale or transfer of rearms not bearing identi cation marks.
8. (1) No person shall obliterate, remove, alter or forge any name, number or other identi cation mark stamped or otherwise shown on a 18[ rearm or ammunition].
(2) No person shall sell or transfer any rearm which does not bear the name of the maker, manufacturer’s number or other identi cation mark stamped or otherwise shown thereon in a manner approved by the Central Government.
(3) Whenever any person has in his possession any rearms without such name, number or other identi cation mark on which such name, number or other identi cation 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 identi cation mark:
Provided that in relation to a person who has in his possession at the commencement of this Act any rearm without such name, number or other identi cation 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.
18. Substituted for “firearm” by the Arms (Amendment) Act, 1983, w.e.f. 14-12-2019.
