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).
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(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).
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(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).
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(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.