Week - 2 (Class - 2)
Arms Act 1959 & GSR
Name - Shagun Rathour
Faculty
Budding Forensic Academy
Arms Act
Arms Act
Act No. 54, The Arms Act, 1959
Chapter- I (Preliminary)
(a) “acquisition”
(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.
Act No. 54, The Arms Act, 1959
(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.
Act No. 54, The Arms Act, 1959
(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.
Act No. 54, The Arms Act, 1959
Act No. 54, The Arms Act, 1959
(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;
Act No. 54, The Arms Act, 1959
Act No. 54, The Arms Act, 1959
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) No one can own or carry a gun or ammunition without a license, but they can do so for repairs or license renewal if they have written permission from the license holder.
(2) No one can own more than two firearms at a time, except for those covered under specific rules.
(3) Using .22 bore or air rifles for target practice.
(3)Sub-section (2) does not apply to licensed firearm dealers or members of government-recognized rifle clubs using .22 bore or air rifles for target practice.
4. Licence for acquisition and possession of arms of specified description in certain cases- If the Central Government thinks it's necessary for public interest, it can issue a notification to regulate non-firearm weapons in a specific area, requiring a license for their possession.
5. Licence for manufacture, sale, etc., of arms and ammunition.- No one can sell, transfer, repair, or possess firearms or certain weapons without a license
Act No. 54, The Arms Act, 1959
Act No. 54, The Arms Act, 1959
6. Licence for the shortening of guns or conversion of imitation firearms into firearms
No one can shorten a firearm's barrel or convert a replica into a firearm without a proper license as per the rules of this Act.
7. Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition- without Central Government Permission.
8. Prohibition of sale or transfer of firearms not bearing identification marks- No one can remove, change, or fake any identification marks on firearms or ammunition, and firearms must have proper identification.
Act No. 54, The Arms Act, 1959
9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc - People under 21, those convicted of violent or immoral crimes in the last five years, or those on a peace or good behavior bond cannot own or carry firearms or ammunition; sellers must not transfer firearms to anyone they believe is prohibited or mentally unfit; however, trained individuals above the legal age can use firearms under specific conditions.
Act No. 54, The Arms Act, 1959
10. Licence for import and export of arms, etc- No one can bring arms or ammunition into or out of India without a license, except individuals legally allowed to possess them for personal use or tourists from specified countries bringing them for sporting purposes.
11. Power to prohibit import or export of arms, etc- The Central Government can issue a notification to ban the import or export.
12. Power to restrict or prohibit transport of arms- The Central Government can issue a notification to require a license for transporting certain arms or ammunition within India or to ban.
Act No. 54, The Arms Act, 1959
CHAPTER III (Provision relating to licences)
13. Grant of licences- To apply for a gun license, submit the application with necessary details and fees; the licensing authority, after reviewing a police report, may approve or deny it, granting licenses for specific uses like protection, crop protection, sport, or target practice if valid reasons are provided.
14. Refusal of licences- The licensing authority will refuse a gun license for prohibited arms, for individuals deemed legally restricted, unfit, or a public safety risk, but cannot refuse solely due to lack of property.
Act No. 54, The Arms Act, 1959
15. Duration and renewal of licence- A gun license under section 3 is valid for five years (or a shorter period if specified), requires periodic verification with authorities, and is renewable for the same duration.
16. Fees, etc for licence- License fees, conditions, and forms will vary by license type as prescribed, with additional conditions set by the licensing authority.
17. Variation, suspension and revocation of licences- The licensing authority can change, suspend, or revoke a license for public safety, legal violations, false information, or non-compliance, with reasons documented.
Act No. 54, The Arms Act, 1959
18. Appeals- Anyone aggrieved by a licensing authority’s decision on granting, suspending, revoking, or altering a license can appeal within the set timeframe.
Act No. 54, The Arms Act, 1959
CHAPTER IV (POWERS AND PROCEDURE)-
19. Powers to demand production of licence, etc- A police officer or authorized official may request anyone carrying arms to show their license, and if they fail to do so, the officer may seize the arms, take their details, and, if necessary, arrest them without a warrant.
20. Arrest of persons conveying arms, etc., under suspicious circumstances- If someone is found carrying arms suspiciously, suggesting intent for unlawful use, any magistrate, police officer, public servant, or transport employee may arrest them without a warrant and seize the arms.
Act No. 54, The Arms Act, 1959
21. Deposit of arms, etc., on possession ceasing to be lawful- Anyone with arms or ammunition that are no longer legally possessed must promptly deposit them with the police or a licensed dealer, can reclaim or dispose of them under certain conditions.
22. Search and seizure by magistrate- A magistrate, if believing someone unlawfully or dangerously possesses arms or ammunition, may order a search, seize these items, and keep them safely, even if the person is otherwise legally entitled to possess them, with the search conducted by or in the presence of an authorized official.
Act No. 54, The Arms Act, 1959
23. Search of vessels, vehicles for arms, etc.- A magistrate, police officer, or specially authorized official may stop, search, and seize any vessel, vehicle, or conveyance suspected of containing arms or ammunition in violation of this Act or its rules.
24.Seizure and detention under orders of the Central Government- The Central Government may order the seizure and detention of any person's arms or ammunition, regardless of legal entitlement, if deemed necessary for public peace and safety.
Act No. 54, The Arms Act, 1959
CHAPTER V (OFFENCES AND PENALTIES)-
25. Punishment for certain offences- Various offenses involving unauthorized manufacture, possession, modification, sale, or transfer of arms and ammunition, importing or exporting without permission, rash usage, aiding organized crime syndicates, and illicit trafficking of firearms are punishable with imprisonment ranging from six months to life and may also incur fines, based on the nature and severity of the offense.
Act No. 54, The Arms Act, 1959
26. Secret contraventions- Acts done in violation of sections 3, 4, 5, 6, 7, 10, 11, or 12, with intent to evade detection, or concealing arms during a search, are punishable with imprisonment from six months to ten years and may also incur fines, depending on the specific violation.
27. Punishment for using arms, etc - Using arms or ammunition in violation of sections 5 or 7 is punishable by imprisonment from three years to life, or death if it results in a fatality, along with a possible fine.
Act No. 54, The Arms Act, 1959
28. Punishment for use and possession of firearms or imitation firearms in certain cases- Using or attempting to use a firearm or imitation firearm to resist or prevent lawful arrest is punishable by up to seven years in prison and a fine.
29. Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same- Purchasing firearms or ammunition from an unlicensed person or delivering them without verifying legal authorization is punishable by up to three years of imprisonment, a fine, or both.
Act No. 54, The Arms Act, 1959
30. Punishment for contravention of licence or rule.- Contravening any condition of a license or provision of this Act without a specified punishment is punishable by up to six months of imprisonment, a fine of up to two thousand rupees, or both.
31. Punishment for subsequent offences- A person previously convicted of an offence under this Act who is subsequently convicted again shall face double the penalty for the latter offence.
Act No. 54, The Arms Act, 1959
32. Power to confiscate- Upon conviction for an offence involving arms or ammunition under this Act, the court may order the confiscation of all or part of the arms or ammunition involved, along with any related vessel.
33. Offences by companies- If a company commits an offence under this Act, every person in charge of or responsible for the company’s conduct at the time, as well as any director, manager, secretary, or officer involved through consent, connivance, or neglect, shall be held liable and punished, unless proven to lack knowledge and due diligence in preventing the offence.
Act No. 54, The Arms Act, 1959
CHAPTER VI (MISCELLANEOUS)-
34. Sanction of Central Government for warehousing of arms- No arms or ammunition shall be deposited in any warehouse licensed under the Act without the sanction of the Central Government.
35. Criminal responsibility of persons in occupation of premises in certain cases- If arms or ammunition related to an offence under this Act are found in jointly occupied or controlled premises or vehicles, each person aware of their presence is liable for the offence, unless proven otherwise.
Act No. 54, The Arms Act, 1959
36. Information to be given regarding certain offences- Anyone aware of an offence under this Act must report it to the nearest police officer or magistrate, and transport workers must report suspected arms or ammunition violations in transit, unless they can prove a reasonable excuse.
37. Arrest and Searches- Anyone arrested or arms seized by a non-police/magistrate must be handed to the nearest police officer, who may either release the person on bond.
Act No. 54, The Arms Act, 1959
38. Offences to be cognizable
39. Previous sanction of the district magistrate necessary in certain cases- No one can be prosecuted for an offense under section 3 without prior approval from the district magistrate.
40. Protection of action taken in good faith- No legal action can be taken against anyone for actions done in good faith under this Act.
41. Power to exempt- The Central Government may, by notification in the Official Gazette, exempt or exclude persons, arms, ammunition, or areas from this Act's provisions in the public interest, and can cancel or reapply such notifications as needed.
Act No. 54, The Arms Act, 1959
42. Power to take census of firearms- The Central Government may order a firearms census in any area, requiring firearm holders to provide information and present their firearms to designated officers.
43. Power to delegate- The Central Government may delegate its powers or duties under this Act (except those under sections 41 and 44) to specified officers, authorities, or State Governments, as detailed in an official notification.
Act No. 54, The Arms Act, 1959
44. Power to make rules- The Central Government may create rules for implementing this Act, covering licensing authorities, application procedures, license terms and fees, firearm marking for tracing, firearm testing, training use, appeal processes, record-keeping, inspections, conditions for depositing arms, and any other prescribed matters, with all rules subject to parliamentary review and modification.
Act No. 54, The Arms Act, 1959
45. Act not to apply in certain cases- This Act does not apply to:
(a) arms or ammunition on sea-going vessels or aircraft as part of their standard equipment;
(b) acquisition, possession, or use of arms or ammunition by the Central Government, public servants in the course of duty, members of the National Cadet Corps, Territorial Army, or specified forces while on duty;
(c) obsolete weapons of no functional value;
(d) minor parts of arms or ammunition not intended for use with complementary parts.
Act No. 54, The Arms Act, 1959
46. Repeal of Act 11 of 1878- (1) The Indian Arms Act of 1878 is repealed.
(2) Even though the 1878 Act is repealed, any license that was granted or renewed under that Act and was still valid before this new Act started will remain valid for the rest of its original term, unless it is revoked sooner., However, any valid license issued or renewed under the 1878 Act will continue to be valid until it expires, unless revoked earlier.
GUNSHOT RESIDUE
GUNSHOT RESIDUE