The Arms Act, 1959

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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 

[23rd December, 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 

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).   

 



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 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).  

 



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(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). 



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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). 



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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). 



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(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).  



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(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). 



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(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. 



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(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. 



13 

 

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.  



14 

 

(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). 



15 

 

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. 



16 

 

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.] 



17 

 

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). 



18 

 

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). 



19 

 

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). 



20 

 

(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).  



21 

 

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). 



22 

 

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). 



23 

 

(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 in accordance with the provisions of the 1[Code of Criminal               

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

(b) any person arrested and any arms or ammunition seized under this Act by a person not 

being a 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). 



24 

 

(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). 



25 

 

(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). 



26 

 

(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.