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February 06 2023The arms act, 1959 Summary (3 Minutes Read) by Adv. Alok Kumar
The Arms Act, 1959 Summary (3 Minutes Read) This act extends to the whole of India from 23rd December, 1959. Before 1959, repairing of arms without a licence, was not punishable as ‘repair’ was different and distant from ‘manufacture’. But Section 5 of the Arms Act, 1959, has materially altered this position by requiring the obtaining of a licence for repairing fire-arms. A sword is an arm, was held in Neel Niranjan V/s State of W.B. in 1972 and similarly country-made pistol or revolver is an ammunition for fire-arms Paras Ram V/s State of Haryana in 1993.The Court observed that country made pistol (katta) recovered from the accused was designed to discharge a projectile and therefore, even though it may have fallen into disrepair it, nonetheless, falls within the definition of a ‘firearm’ within the meaning under Section 2(e) of the Arms Act. Further the Court observed that the possession of ammunition is a punishable offence under Section 25 of the Arms Act. The use of such ammunition is punishable under Section 27 of the Arms Act. In same case, next question arises that whether the Country-made Katta or pistol can be termed as “deadly weapon” even if it is in a state of disrepair. Court stated that in order for any weapon to be termed as deadly, it should be one which is capable of or likely to cause death if used in the manner in which it is intended to be used. A pen is not a deadly weapon and merely carrying the said writing instrument, at the time of committing robbery or dacoity, would not constitute an offence punishable under Section 398 of the Indian Penal Code. However, Court in case of Sonu V/s State 2020 it was held that country-made pistol or katta in present situation can not considered “deadly weapon” because main object could not achieved which is to inflict any fatal injury, if used in the manner in which it was meant to be used- that is, for the purpose of firing the bullet- on account of it being in disrepair. The word “ammunition” means ammunition for any firearm and includes rockets, bombs, grenades, shells and other missiles and “arms’ means articles of any description designed or adapted as weapon for offence or defence, and incudes fire-arms, sharp-edged and other deadly weapons and parts of, and machinery for manufacturing arms, but does not include articles designed solely for domestic or agriculture 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. “Fire-arms” 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- artillery, hand-grenades, riot-pistols or weapon of any kind designed or adapted for the discharge of any weapon any noxious liquid, gas or other such thing. For the purposes of the Arms Act, the length of the barrel of a fire-arm shall be measured from the muzzle to the point at which the charges is exploded on firing. “Gandasa” is a sharp-edge weapon and is adapted and designed as a weapon for offence or defence. Many a murder is committed by such weapon. This is not a weapon which is primarily and solely used for domestic or agriculture purposes. Therefore, “Gandasa” is covered by the definition of “arms” in the Arms Act,1959 also it was held in case of Ram Rattan Puran Singh V/s State in 1968. “Sharp Knife” a sharp-knife with blade tapered gradually to point and attached by a cross guard and handle and one edge of which is sharp up to the guard and the other only at the point and which could be used for stabbing and thrusting falls within the definition of “arms” as it was held in case of Bishun Singh V/s Emperor in 1924. THINGS NOT HELD TO BE “ARMS”: “Air guns” which are not worked with the explosive and which are classed as toys under the Indian Tariff Act is not an “arm” as per definition under the Arms Act. However, As per the new Arms Regulation draft, 2015, acquisition of airguns with muzzle energy under 20 Jules/15feet or 0.177mm will not require an arm license. But any airgun having muzzle energy in excess of 20 Joules would be treated like fire arms. “Kirpans” it is sword worn as a religious emblem. In a Punjabi Dictionary compiled by Bhai Maya Singh, who was a member of the Khalsa College Council, a kirpan has been described as an iron knife kept by Sikhs in their turbans. “Kirpan” means a sword and its size or shape has not been prescribed by the Sikh religion, it may be a sword of any size or shape. Similarly, 1. Court held “Tekwa” not an arm in Udham Singh V/s Emperor 1940 2. Court held “Lathi” not an arm in Gajja V/s Emperor 3. “Clasp Knife” not an arm in Emperor V/s Nga Lu Gale. Some important sections under the Arms Act, 1959 are: Section 25 of the Arms Act: Punishment for certain offences, Whoever— (a) 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 arms or ammunition in contravention of section 5 or shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6 or 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 three years but which may extend to seven years and shall also be liable to fine. Section 27 of the Arms Act: 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, shall be punishable with death. Section 29 of the Arms Act: 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 authorized 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 3 [three years, or with fine, or with both. Section 30 of the Arms Act: Punishment for contravention of licence or rule.―Whoever contravenes any condition of a licence or any provision of this Act or any rule made there under, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to 4 [six months], or with fine which may extend to 5 [two thousand] rupees, or with both. Section 37 of the Arms Act: Arrest and searches.―Save as otherwise provided in this Act,― (a) all arrests and searches made under this Act or under any rules made there under 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. Section 38 of the Arms Act: Offences to be cognizable.― Every offence under this Act shall be cognizable within the meaning of the Cr.P.C. Section 40 of the Arms Act: 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. Section 45 of the Arms Act: 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; (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. ** L E G A L F R E E . I N ** This Article is written by Adv. Alok Kumar practicing advocate in Delhi High Court and District Courts, for any kind of suggestion or information you may contact here advocatealok21@gmail.com and 9953184869.
Author
Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District CourtsLL.B.▪︎Faculty of Law▪︎Delhi University
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