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.