The Arms Act – SHEO NARAIN LEGUM

THE ARMS ACT, 1959

By Sanskar sehgal

( Student 3rd year Symbiosis Law School, Nagpur)

INTRODUCTION

Let us start with what’s the history of The Arms Act and why was it introduced. So, the arms act was first introduced in 1878 while India was being governed by British people administration. The act was called the badge of racial inferiority by Surendra Nath Banerjee. it absolutely was a significant humiliation for the newly emerging bourgeoisie in India. country were conscious of the part metal-working had played in supporting indigenous powers within the past through the assembly of arms and ammunition, and, even as they introduced an Arms Act in 1878 to limit Indian access to firearms, in order that they sought to limit India’s ability to mine and work metals that may sustain it in future wars and rebellions. Therefore, to stop future wars and rebellions nation introduced this act. The Indian Arms Act, 1878 was an act regulating the manufacture, sale, possession, and carry of firearms. Many freedom fighters voiced disapproval towards the arms act.

However, the arms act was again formed and added to the constitution of India, though the rationale to introduce this act was different and a group of rules were added to the act. the rationale to introduce the act now was to manage the control and reduce the no. of violent activities going down on the Indian streets.

The Arms Act, 1959 is an Act of Parliament of India which regulates matters referring to acquisition, possession, manufacturing, sale, transportation, import and export, licencing of arms and ammunition. It also empowers brass to exercise powers concerning the matter. Like every other substantive law, it lays down the penalties and punishments related to the violation of rules associated with this act. This Act which deters many Indians to have weapons to confirm that if there have been another Indian uprising, it’d be less effective.

The main objectives of The Arms Act, 1959

The basic objective behind The Arms Act,1959 is enshrined in its Preamble, which states, “An Act to consolidate and amend the law referring to arms and ammunition”. It aims to scale back the circulation of illegal weapons and also the resultant crimes.

Also, the Act seeks to classify firearms and other prohibited weapons to confirm –

that dangerous weapons of military patterns aren't available to civilians, particularly anti-social elements;
that weapons for self-defence are available for all citizens under license unless in other circumstances. in step with this legislation, no one should or possess any arms or ammunition unless the person encompasses a licence which has been issued under the provisions of this Act; and
that firearms required for training purposes are made easily available on permits.

Set of arms and ammunition are ‘prohibited’ under this act

The Arms Act,1959, Section 2(i) defines “prohibited arms”. These are firearms, including artillery, anti-aircraft and anti-tank firearms; weapons designed to release any noxious liquid, gas or other such things. the thing and reasons of this Act are intended to exclude knives, spears, bows and arrows etc from the definition.

And Section 2(h) of the act defines “prohibited ammunition”. It includes rockets, bombs, grenades, shells, missiles, etc

The Arms Rules, 1962 also lays down the classification of arms and ammunition in columns 2 and three respectively of its Schedule I. The Central Government by the publication of a notification within the Official Gazette has the authority to specify the other prohibited arm and ammunition.

Circumstances under which it's permissible to accumulate or possess arms and ammunition

To acquire or possess or carry any arms, it’s essential to get an arms possession licence from a competent licensing authority. this is often stated under Section 3 of The Arms Act,1959. Section 25 of the Act may be a penal provision and states that someone who carries ammunition in contravention of Section 3 is susceptible to be punished under the Act.

An exception to the current rule is elucidated by the section itself, that is, a person, under the written authority of the licence holder or in his presence, may carry firearms for any repair, or renewal or use.

Mere possession of Arms without knowledge isn’t punishable under The Arms Act as held by Hon’ble tribunal of Bombay in Rachelle Joel Oseran v. The State of Maharashtra et al on 6th April 2018 whilst wishing on the Apex Court’s judgment within the case of Sanjay Dutt v/s State through C.B.I., Bombay (1994 SC), wherein the Apex Court while construing the word “possession” occurring within the said provision held that it might mean possession with the requisite mental element, that is, conscious possession and not mere custody without the attention of the character of such possession.

The act ensures a strict regulation on the circulation of illegal arms and ammunition

The object of The Arms Act is to limit the illegal circulation of arms and ammunition and therefore the consequent crimes. The legislation accommodates this through: –

A ‘licence’ is a politician document that offers you permission to try to to, use or own something. A licence from a competent arms authority could be a pre-requisite condition within the following cases:

1. for acquisition and possession of firearms and ammunition (section 3) This means that for a citizen of India, to get, or carry or keep any arms or ammunition, a licence from a competent licensing authority is required.
2. for acquisition and possession of arms of specified description in certain cases (section 4) Primarily the possession of arms aside from firearms and ammunition require no licence. But just in case of a special situation prevailing in any area, if the Central government is of opinion that arms apart from firearms also are be regulated, that Government can issue a notification under section 4 of the Act. Thereupon acquisition, possession and carrying of arms of such class or description are also offences, unless the person, who acquires or possesses holds the licence for the same. Section 25 (1-B) (b) penalizes the violation of possession of arms of such description within the notified area.
3. for manufacture, sale, etc., of arms and ammunition (section 5) in step with this legislation, not everybody is allowed to sell, expose or offer purchasable, manufacture, transfer, convert, repair or test, any firearms or the other arms and ammunitions as prescribed as ‘prohibited’, unless the person contains a licence for the identical. Punishment under Section 27 of the Act is provided for the contravention of what's stipulated in section 5 thereof as imprisonment for not but three years, extending up to seven years and fine.
4. for the shortening of guns or conversion of imitation firearms into firearms (section 6)
5. for import and export of arms, etc. (section 10)
According to Section 10, import and export of firearms and ammunition are prohibited in India, unless an individual holds a licence for the identical. Proviso to the present section indicates that if the Arms License allows one to possess a selected firearm, then he may additionally have the proper to import a firearm of that individual category without a license for importing it.
• Certain prohibitions laid down by the act

1. Prohibition of acquisition or possession, or manufacture or sale, of prohibited arms or prohibited ammunition (section 7)
2. Prohibition of sale or transfer of firearms not bearing identification marks (section 8)
3. Prohibition of acquisition or possession by, or sale or transfer to young persons and certain other persons of firearms, etc. (section 9)
4. Prohibition on possession of notified arms in disturbed areas, etc. (section 24A)
5. Prohibition on carrying of notified arms in or through public places in disturbed areas, etc. (section 24B)

• Gives Authority to central government and other officials (public servants)

1. Power to ban import or export of arms, etc. (section11)
2. Power to limit or prohibit the transport of arms (section12)
The aforesaid sections are very clear that the govt. can prohibit the import or transport of a selected category of arms and/or ammunition but doesn't entitle the govt to permit some sections of the citizens to import firearms and bar others from doing so. Nor does it allow the govt. to ban the import and transfer of all categories of firearms.
3. Power to demand production of the license, etc. (section19)
4. Arrest of persons conveying arms, etc., under suspicious circumstances (section 20)
5. Deposit of arms, etc., on possession ceasing to be lawful (section 21)
6. Search and seizure by the magistrate (section 22)
7. Search of vessels, vehicles for arms, etc. (section 23)
8. Seizure and detention under orders of the Central Government (section 24)

• Lays down a strict procedure to get a licence

• Prescribes punishments

Penal provisions under the Act are provided from Section 25 to Section 32 quite in a remarkable way regarding the sentencing policy. The sentences are divided into three categories-

There is an upward trend since 1983 to include during this statute the supply of more severe and mandatory minimum sentences.

The Arms Act,1959 isn't applicable within the following matters

Section 45 of The Arms Act, 1959 enumerates a specific set of cases wherein the act doesn’t apply. These are:

1. When carrying arms or ammunition on any sea-going vessel or any aircraft which forms a component of the standard armament or equipment of such vessel or aircraft;
2. 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---
3. by or under orders of the Central Government, or
4. by a employee within the course of his duty intrinsically employee,
5. by a member of the National Cadet Corps raised and maintained under the National Cadet Corps Act, 1948 (31 of 1948.),
6. by any officer or enrolled person of the Territorial Army raised and maintained under the Territorial Army Act, 1948 (56 of 1948.) or
7. by any member of the other forces raised and maintained or that will hereafter be raised and maintained under any Central Act, or
8. by any member of such other forces because the Central Government may, by notification within the Official Gazette, specify, within the course of his duty per se member, officer or enrolled person;
9. any weapon of an obsolete pattern or antiquarian value or unrepaired which isn't capable of being employed as a Firearm either or without repair;
10. the acquisition, possession or carrying by someone of minor parts of arms or ammunition which don't seem to be intended to be used with complementary parts acquired or possessed by that or the other person.

In India, all aspects of regulation and possession are driven by The Arms Act of 1959 and also the right has no constitutional significance. However, in certain cases, the proper to self-defence has been included under the ambit of Article 21 of the Indian Constitution.

In the case of Ganesh Chandra Bhatt v Distt Magistrate, Almora &Ors. (AIR 1993 All. 291), Justice Katju had taken the above view. during this case, the petitioner had applied for the license of a revolver. Even after fulfilling all the required formalities for obtaining a clearance, the license wasn’t granted. The petitioner approached the Allahabad court. Justice Katju during this particular case ruled that if an application has been made for a weapon that doesn’t come under the category of prohibited weapons, and if three months have passed and there has been no communication, it might be deemed that the license has been granted by the govt. He opined that the proper involved arms is included within the right to self-defence, which being a natural right should come within the boundaries of Article 21 which talks about the correct to life. He mentioned that worshipping firearms during Diwali and Dussehra and using firearms in Mahabharata illustrates that this right is said to the dignity and self-respect of the citizen and therefore the right to life with dignity is guaranteed by Article 21.

However, this decision was taken before the Mumbai 1993 blast. This decision has been overruled by subsequent judgements and as of now, the settled point is that right in reality arms is governed by the Arms Act only and isn’t constitutionally protected. Thus, the correct to stay and Bear Arms isn’t made a Fundamental Right but is recognised as a right through The Arms Act,1959.

The need to form a law regulating arms and ammunition in India

The history of this act dates back to colonial times. After the Revolt of 1857, Britishers were frightened by Indians as they noticed that Indians with arms were a threat to their rule the country. So, to dismiss the likelihood of another uprising in masses, in 1878, they introduced the Indian Arms Act. per this, no Indian was allowed to stay arms with none prior permission & proper licence. This rule was implemented during Viceroy Lord Lytton’s tenure.

This Act exempted all Europeans while placing strict controls and penalties on Indians owning any sort of weapon. This was strongly opposed by Mahatma Gandhi and other national. He said, “Among the numerous misdeeds of land rule India, history will esteem the Act depriving an entire nation of arms because the blackest…”

After independence, The Indian Arms Act,1878 was replaced by The Arms Act which came into force on 1st October 1962. it absolutely was found that, in certain situations, it’s necessary to allow the law-abiding citizens to own in possession and use firearms. Hence, the Act came into effect. Thus, the correct to stay and Bear Arms wasn’t made a Fundamental Right but was recognised as a right through The Arms Act,1959. The Arms Rules,1962 also came into effect.

The procedure to get a licence for the gun or the other arms in India

The paperwork for obtaining a licence is enumerated in Chapter III of The Arms Act,1959. Accordingly, the procedure for the grant of licence is laid down under Section 13, The Arms Act,1959 and therefore the Arms Rules is as follows:

• Application to Licensing Authority

The first and foremost step is to file for an application within the appropriate (here, within one’s territorial limits) licencing authority through a prescribed Form A-1 (The Arms Rules, 2016), duly filled and payment of the fee, if any.

The documents to be furnished together with the applying form are:

1. Passport size photographs
2. Proof of address
3. Proof of date of birth
4. Identification proof: Aadhar Card, or PAN, or Voter’s ID card. within the case of exempted sportspersons, a shooters identification card was issued by the National Rifle Association of India
5. Medical certificate
6. the other document required by the authority concerned

Different fees, different conditions and different forms is also prescribed for various varieties of licences as mentioned in Section 16 of The Arms Act, 1959.

• Report of the officer-in-charge

On receipt of an application, the licensing authority shall necessitate the report of the officer-in-charge of the closest police headquarters on it application, and such officer shall send his report within the prescribed time.

The police check if there are any records of any quite criminal activity; if the address given is authentic or not; verification of other documents

If the officer-in-charge of the closest station doesn’t send his report on the applying within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further watching for the report.

• If the subsequent conditions are fulfilled, the authority may grant the licence.

Although there’s hardly any provision within the Act or the principles specifying any time-frame per se, if an application for a license for a non-prohibited arm isn’t disposed of within three months, it’ll be deemed to own been allowed after the expiry of such a time –frame. the purpose is to create the licensing authority realize that they can not prolong or linger on the disposal of such application(s) at their own sweet will. This was held within the case of Ganesh Chandra Bhatt v Distt Magistrate, Almora &Ors. (AIR 1993 ALL. 291).

• Refusal of Licence

A licencing authority has got to record reasons in writing for the refusal to grant a licence to somebody. it should refuse to grant a licence if:

1. Any of the above-mentioned conditions don't seem to be fulfilled
2. where such licence is required in respect of any ‘prohibited arms’ or ‘prohibited ammunition’
3. where such licence is required by an individual whom the licensing authority has reason to believe:
4. to be prohibited by this Act or by the other law from acquiring, having in his possession or carrying any arms or ammunition, or
5. to be of unsound mind, or
6. to be for any reason unfit for a licence under this Act;
7. where it deems it necessary for the protection of the general public peace or for public safety to refuse to grant such licence.

A licencing authority cannot refuse to grant a licence by giving a reason that the person doesn’t have enough property in possession.

• Duration of a licence

Section 15 of The Arms Act, 1959 states that a licence, granted under Section 3 of the Act may still be in effect for 3 years, from the date on which it’s granted, unless it’s revoked before such date.

After that, it are often renewed for the identical period that the licence was originally granted and shall be so renewable from time to time if the licensing authority allows such renewal.

Since the usage of arms has always been for the sake of the protection of mankind and to make sure this motive the govt. has enacted the arms act which supervises the usage of arms in India.