Arms Act 1959
1.[Act No. 54 Of 1959]
Statement of Objects and Reasons :
The Indian Arms Act, 1878, was intended to disarm the entire nation. Even after independence, the law declaring “swords, daggers, spears, spear-heads, bow and arrows” as “arms” has been allowed to continue unaltered on the statute book. The rigours of the Arms Act and rules thereunder continue to make it difficult for law abiding citizens to possess firearms for self-defence whereas terrorists, dacoit-gangs and other anti-social or anti-national elements are using not only civilian weapons but also bombs, hand-grenades, Bren-gans, Sten-guns, .303 bore service rifles and revolvers of military type, for perpetrating heinous crimes against society and the State.
The Indian Arms (Amendment) Bill (49 of 1953) was introduced in the Lok Sabha on the 27th November, 1953 to focus Parliament’s attention on this vital subject. It was discussed in the House on 26th March, 1954 and was circulated for public opinion.
Opinions were received from all the State Governments which contained not only their own views but also those of many legal luminaries, Bar Associations, Judges, Collectors, Senior Police Officers and Local Bodies of their respective States. On the basis of those opinions, this Bill has been drafted.
The objects of this Bill are:
(a) to exclude knives, spears, bows and arrows and the like from the definition of “arms”;
(b) to classify firearms and other prohibited weapons so as to ensure
(i) that dangerous weapons of military patterns are not available to civilians, particularly the anti-social elements;
(ii) that weapons for self-defence are available for all citizens under licence unless their antecedents or propensities do not entitle them for the privilege; and
(iii) that firearms required for training purposes and ordinary civilian use are made more easily available on permits:
(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifth-column activities in the country;
(d) to recognize the right of the State to requisition the services of every citizen in national emergencies. The licensees and permit holders for firearms, shikaris, target shooters and rifle-men in general (in appropriate age groups) will be of great service to the country in emergencies, if the Government can properly mobilise and utilise them.
Amendment Act 55 of 1971-Statement of Objects and Reasons :
The muzzle-loading gun is mainly used by the farmers generally for protecting their crop from the animals. A licence is required to be obtained even for the muzzle-loading gun under the provisions of the existing law and the farmers have to waste a lot of time, energy and money in obtaining the same. It is, therefore, desirable that muzzle-loading gun, meant for agricultural use, is exempted from licence so that the farmer may procure it without difficulty for protecting his crops and he may not have to waste his time and money.
Amendment Act 25 of 1983-Statement of Objects and Reasons :
The Arms Act, 1959 (54 of 1959) was enacted about twenty-two years.ago.-Of late there has been an increasing incidence of crime involving use of firearms. Apart from unlicensed firearms, the involvement of licensed firearms in crime is also on the increase. The present Bill, therefore seeks, in the main, to ensure that firearms do not come into the possession of anti-social elements and to provide for greater vigilance on the issue of licences for firearms and sale and transfer of these arms, and for stringent punishments for offences under the Act.
Amendment Act 39 of 1985-Statement of Objects and Reasons :
The Arms Act, 1959 regulates the acquisition, possession or carrying of firearms and ammunition and provides punishment for contravention of the provisions of the Act. There has been increased use of firearms, mostly unauthorised by terrorists and others in committing violent acts. Such activities have been particularly noticed in “disturbed areas” like Punjab and Chandigarh. The punishments provided for at present do not have a strong deterrent effect. There is, therefore, an increased need to provide for more stringent punishment to curb unauthorised access to arms and ammunition and to combat the growing menace of terrorism. It is accordingly proposed to provide for very stringent punishments for illegal possession or carrying of arms in disturbed areas and for contravention of sub-section (1-B) of section 25 of the Act in disturbed areas. It is also proposed to make the punishments for other contraventions of the said sub-section (1-B) more stringent.
Amendment Act 42 of 1988-Statement of Objects and Reasons :
The Arms Act, 1959 had been amended to provide for enhanced punishments in respect of offences under that Act in the context of escalating terrorist and anti-national activities. However, it was reported that terrorists and anti-national elements, particularly in Punjab, had in the recent past acquired automatic firearms machine guns of various types, rockets and rocket launchers. Although the definitions of the expressions “arms”, “ammunition”, “prohibited arms” and “prohibited ammunition” included in the Act are adequate to cover the aforesaid lethal weapons in the matter of punishments for offences relating to arms, the Act did not make any distinction between offences involving ordinary arms and the more lethal prohibited arms and prohibited ammunition. Further, while the Act provided for punishment of persons in possession of arms and ammunition with intent to use them for any unlawful purpose, it did not provide for any penalties for the actual use of illegal arms. To overcome these deficiencies, it was proposed to amend the Act by providing for deterrent punishment for offences relating to prohibited arms and ammunition and for the illegal use of firearms and ammunition so as to effectively meet the challenges from the terrorist and anti-national elements. Accordingly, the Arms (Amendment) Ordinance, 1988 was promulgated by the President on the 27th May, 1988. The Ordinance amended the Act to provide for the following among other things namely:-
(i) the definitions of “ammunition” and “prohibited ammunition” have been amended to include missiles so as to put the matter beyond any doubt;
(ii) deterrent punishments have been provided for offences involving prohibited arms and prohibited ammunition;
(iii) punishments have also been provided for the use of illegal arms and ammunition and death penalty has been provided if such use causes death.
2. The Bill seeks to replace the aforesaid Ordinance.
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 :
Section 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 2.[date] as the Central Government may, by notification in the Official Gazette, appoint.
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1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, section 3 and Sch.; and comes into force in Pondicherry vide Reg. 7 of 1963, section 3 and Sch. I (w.e.f. 1-10-1963); and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, section 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, section 3(i).