Arms Act, 1959
CHAPTER IV : POWERS AND PROCEDURE
19. Power to demand production of licence, etc.
(1)
Any police officer or any other officer specially empowered in this behalf
by the Central Government may demand the production of his licence from
any person who is carrying any arms or ammunition.
(2)
If the person upon whom a demand is made refuses or fails to produce the
licence or to show that he is entitled by virtue of this Act or any other
law for the time being in force to carry such arms or ammunition without
a licence, the officer concerned may require him to give his name and
address and if such officer consider it necessary, seize from that person
the arms or ammunition which he is carrying.
(3)
If that person refuses to give his name and address or if the officer
concerned suspects that person of giving a false name or address or of
intending to abscond, such officer may arrest him without warrant.
20. Arrest
of persons conveying arms, etc., under suspicious circumstances
Where
any person found carrying or conveying any arms or ammunition whether
covered by a licence or not, in such manner or under such circumstances
as to afford just grounds of suspicion that the same are or is being carried
by him with intent to use them, or that the same may be used, for any
unlawful purpose any magistrate, any police officer or any other public
servant or any person employed or working, upon a railway, aircraft, vessel,
vehicle or any other means of conveyance, may arrest him without warrant
and seize from him such arms or ammunition.
21. Deposit of arms, etc., on possession ceasing to be lawful
(1)
Any person having in his possession any arms or ammunition the possession
whereof has, in consequence of the expiration of the duration of a licence
or of the suspension or revocation of a licence or by the issue of a notification
under section 4 or by any reason whatever, ceased to be lawful, shall
without unnecessary delay deposit the same either with the officer incharge
of the nearest police station or subject to such conditions as may be
prescribed, with a licensed dealer or where such person is a member of
the armed forces of the Union, in a unit armoury.
Explanation.-
In this sub-section "unit armoury" includes an armoury in a
ship or establishment of the Indian Navy.
(2)
Where arms or ammunition have or has been deposited under sub-section
(1) the depositor or in the case of his death, his legal representative,
shall, at any time before the expiry of such period as may be prescribed,
be entitled-
(a)
to receive back anything so deposited on his becoming entitled by virtue
of this Act or any other law for the time being in force to have the same
in his possession, or
(b)
to dispose, or authorise the disposal, of anything so deposited by sale
or otherwise to any person entitled by virtue of this Act or any other
law for the time being inforce to have, or not prohibited by this Act
or such other law from having, the same in his possession and to receive
the proceeds of any such disposal :
Provided
that nothing in this sub-section shall be deemed to authorise the return
or disposal of anything of which confiscation has been directed under
section 32.
(3)
All things deposited and not received back or disposed of under sub-section
(2) within the period therein referred to shall be forfeited to Government
by order of the district magistrate:
Provided
that in the case of suspension of a licence no such forfeiture shall be
ordered in respect of a thing covered by the licence during the period
of suspension.
(4)
Before making an order under sub-section (3) the district magistrate shall,
by notice in writing to be served upon the depositor or in the case of
his death, upon his legal representative, in the prescribed manner, require
him to show cause within thirty days from the service of the notice why
the things specified in the notice should not be forfeited.
(5)
After considering the cause, if any, shown by the depositor or as the
case may be, his legal representative, the district magistrate shall pass
such order as he thinks fit.
(6)
The Government may at any time return to the depositor or his legal representative
things forfeited to it or the proceeds of disposal thereof wholly or in
part.
22. Search and seizure by magistrate
(1)
Whenever any magistrate has reason to believe-
(a)
that any person residing within the local limits of his jurisdiction has
in his possession any arms or ammunition for any unlawful purpose, or
(b)
that such person cannot be left in the possession of any arms or ammunition
without danger to the public peace of safety, the magistrate may, after
having recorded the reasons for his belief, cause a search to be made
of the house or premises occupied by such person or in which the magistrate
has reason to believe that such arms or ammunition are or is to be found
and may have such arms or ammunition, if any, seized and detain the same
in safe custody for such period as he thinks necessary, although that
person may be entitled by virtue of this Act or any other law for the
time being in force to have the same in his possession.
(2)
Every search under this section shall be conducted by or in the presence
of a magistrate or by or in the presence of some officer specially empowered
in this behalf by the Central Government.
23. Search of vessels, vehicles for arms, etc.
Any
magistrate, any police officer or any other officer specially empowered
in this behalf by the Central Government, may for the purpose of ascertaining
whether any contravention of this Act or the rules made thereunder is
being or is likely to be commited, stop and search any vessels, vehicle
or other means of conveyance and seize any arms or ammunition that may
be found therein along with such vessel, vehicle or other means of other
means of conveyance.
24. Seizure and detention under orders of the Central Government
The
Central Government may at any time order the seizure of any arms or ammunition
in the possession of any person, notwithstanding that such person is entitled
by virtue of this Act or any other law for the time being in force to
have the same in his possession, and may detain the same for such period
as it thinks necessary for the public peace and safety.
15[24A. Prohibition as to possession of notified arms in disturbed
areas, etc.
(1)
Where the Central Government is satisfied that there is extensive disturbance
of public peace and tranquility or imminent danger of such disturbance
in any area and that for the prevention of offences involving the use
of arms in such area, it is necessary or expedient so to do, it may by
notification in the Official Gazette-
(a)
specify the limits of such area;
(b)
direct that before the commencement of the period specified in the notification
(which period shall be a period commencing from a date not earlier than
the fourth day after the date of publication of the notification in the
Official Gazette), every person having in his possession in such area
any arms of such description as may be specified in the notification (the
arms so specified being hereafter in this section referred to as notified
arms), shall deposit the same before such commencement in accordance with
the provision of section 21 and for this purpose the possession by such
person of any notified arms, shall, notwithstanding anything contained
in any other provision of this Act ( except section 41) or in any other
law for the time being in force, as from the date of publication of such
notification in the Official Gazette be deemed to have ceased to be lawful;
(c)
declare that as from the commencement of, and until the expiry of, the
period specified in the notification, it shall not be lawful for any person
to have in his possession in such area any notified arms;
(d)
authorise any such officer subordinate to the Central Government or a
State Government as may be specified in the notification,
(i)
to search at any time during the period specified in the notification
any person in, or passing brough, or any premises in, or any animal or
vessel or vehicle or other conveyance of whatever nature in or passing
through, or any receptacle or other container of whatever nature in, such
area if such office has reason to believe that any notified arms are secreted
by such person or in such premises or on such animal or in such vessel,
vehicle or other conveyance or in such receptacle or other container;
(ii)
to seize at any time during the period specified in the notification any
notified arms in the possession of any person in such area or discovered
through a search under sub-clause(1), and detain the same during the period
specified in the notification.
(2)
The period specified in a notification issued under sub-section (1) in
respect of any area shall not, in the first instance, exceed ninety days,
but the Central Government may amend such notification to extend such
period from time to time by any period not exceeding ninety days at any
one time if, in the opinion of that Government, there continues to be
in such area such disturbance of public peace and tranquility as is referred
to in sub-section (1) or imminent danger thereof and that for the prevention
of offences involving the use of arms in such area it is necessary or
expedient so to do.
(3)
The provision of the Code of Criminal Procedure, 1973 (2 of 1974), relating
to searches and seizures shall, so far as may be, apply to any search
or seizure made under sub-section,-
(4)
For the purposes of this section,-
(a)
"arms" includes ammunition;
(b)
where the period specified in a notification, as originally issued under
sub-section (1), is extended under sub-section (2), then, in relation
to such notification, references in sub-section (1) to "the period
specified in the notification" shall be construed as references to
the period as so extended.
24B. Prohibition as to carrying of notified arms in or through
public places in disturbed areas, etc.
(1)
Where the Central Government is satisfied that there is extensive disturbance
of public peace and tranquility or imminent danger of such disturbance
in any area and that for the prevention of offences involving the use
of arms in such area it is necessary or expedient so to do, it may, by
notification in the Official Gazette,-
(a)
specify the limits of such area;
(b)
direct that during the period specified in the notification (which period
shall be a period commencing from a date not earlier than the second day
after the date of publication of the notification in the Official Gazette),
no person shall carry or otherwise have in his possession any arms of
such description as may be specified in the notification (the arms so
specified being hereafter in this section referred to as notified arms)
through or in any public place in such area;
(c)
authorise any such officer subordinate to the Central Government or a
State Government as may be specified in the notification,-
(i)
to search at any time during the period specified in the notification
any person in or passing through, or any premises in, forming part of,
or any animal or vessel or vehicle or other conveyance of whatever nature,
in or passing through, or any receptacle or other container of whatever
nature in, any public place in such area in such office has reason to
believe that any notified arms are secreted by such person or in such
premises or on such animal or in such vessel, vehicle or other conveyance
or in such receptacle or other container;
(ii)
to seize at any time during the period specified in the notification any
notified arms being carried by or otherwise in the possession of any person,
through or in a public place in such area or discovered through a search
under sub-clause (i), and detain the same during the period specified
in the notification.
(2)
The period specified in a notification issued under sub-section (1) in
respect of any area shall not, in the first instance, exceed ninety days,
but the Central Government may amend such notification to extend such
period from time to time by any period not exceeding ninety days at any
one time if, in the opinion of that Government, there continues to be
in such area such disturbance of public peace and tranquility as is referred
to in sub-section (1) or imminent danger thereof and that for the prevention
of offences involving the use of arms in such area it is necessary or
expedient so to do.
(3)
The provision of the Code of Criminal Procedure, 1973 (2 of 1974), relating
to searches and seizures shall, so far as may be, apply to any search
or seizure made under sub-section,-
(4)
For the purposes of this section,-
(a)
"arms" includes ammunition;
(b)
"public place" means any place intended for use by, accessible
to, the public or any section of the public; and
(c)
where the period specified in a notification, as originally issued under
sub-section (1), is extended under sub-section (2), then, in relation
to such notification, references in sub-section (1) to "the period
specified in the notification" shall be construed as references to
the period as so extended.]
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