Arms Act, 1959
CHAPTER V: OFFENCES AND PENALTIES
25. Punishment for certain offences
16[(1)
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
(b)
shortens the barrel of a firearm or converts an immitation firearm into
a firearm in contravention of section 6; or
17[***]
(d)
bring 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.
18[(1A)
Whoever acquires, has in his possession or carries 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 five years,
and shall also be liable to fine.
(1AA)
Whoever manufactures, sells, transfer,, 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 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.]
18[(1AAA)]
Whoever has in contravention of a notification issued under section 24A
in his possession or in contravention of a notification issued under section
24B carries or otherwise has in his possession, any arms or ammunition
shall be punishable with imprisonment for a term which shall not be less
than 19[three years, but which may extend to seven years] shall also be
liable to fine.
(1B)
Whoever-
(a)
acquires, has in his possession or carries any firearm or ammunition in
contravention of section 3; or
(b)
acquires, has in his possession or carries in any place specified by notification
under section 4 any arms of such class or description as has been specified
in that notification in contravention of that section; or
(c)
sells or transfers any firearm which does not bear the name of the maker,
manufacturer’s number or other identification mark stamped or otherwise
shown thereon as required by sub-section (2) of section 8 or does any
act in contravention of sub-section (1) of that section; or
(d)
being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a)
of sub-section (1) of section 9 applies, acquires, has in his possession
or carries any firearm or ammunition in contravention of that section;
or
(e)
sells or transfers, or converts, repairs, tests or proves any firearm
or ammunition in contravention of clause (b) of sub-section (1) of section
9; or
(e)
brings into, or takes out of, India, any arms or ammunition in contravention
of section 10; or
(g)
transports any arms or ammunition in contravention of section 12; or
(h)
fails to deposit arms or ammunition, as required by sub-section (2) of
section 3, or sub-section (1) of section 21; or
(i)
being a manufacturer of, or dealer in, arms or ammunition, fails, on being
requires to do so by rules made under section 44, to maintain a record
or account or to make therein all such entries as are required by such
rules or intentionally makes a false entry therein or prevents or obstructs
the inspection of such record or account or the making of copies of entries
therefrom or prevents or obstructs the entry into any premises or other
place where arms or ammunition are or is manufactured or kept or intentionally
fails to exhibit or conceals such arms or ammunition or refuses to point
out where the same are or is manufactured or kept,
shall
be punishable with imprisonment for team which shall not be less than
20[one year] but which may extend to three years and shall also be liable
to fine:
Provided
that the Court may for any adequate and special reasons to be recorded
in the judgement impose a sentence of imprisonment for a term of less
than 20[one year].
21[(1C)
Notwithstanding anything contained in sub-section (1B), whoever commits
an offence punishable under that sub-section in any disturbed area 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.
Explanation.-
For the purposes of this sub-section, "disturbed area" means
any area declared to be a disturbed area under any enactment, for the
time being in force, making provision for the suppression of disorder
and restoration and maintenance of public order, and includes any areas
specified by notification under section 24A or section 24B]
(2)
whoever being a person to whom sub-clause (i) of clause (a) of sub-section
(I) of section 9 applies, acquires, has in his possession or carries any
firearm or ammunition in contravention of that section shall be punishable
with imprisonment for a term which may extend to one year, or with fine
or with both.
16[(3)
Whoever sells or transfers any firearm, ammunition or other arms-
(i)
without informing the district magistrate having jurisdiction or the officer
in charge of the nearest police station, of the intended sale or transfer
of that firearm, ammunition or other arms; or
(ii)
before the expiration of the period of forty five days from the date of
giving such information to such district magistrate or the officer in
charge of the police station.
in contravention
of the provision of clause (a) or clause (b) of the proviso to sub-section
(2) of section 5, shall be punishable with imprisonment for a term which
may extend to six months, or with fine of an amount which may extend to
five hundred rupees, or with both].
(4)
Whoever fails to deliver-up a licence when so required by the licensing
authority under sub-section (1) of section 17 for the purpose of varying
the conditions specified in the licence or fails to surrender a licence
to the appropriate authority under sub-section (10) of that section on
its suspension or revocation shall be punishable with imprisonment for
a term which may extend to six months, or with fine of an amount which
may extend to five hundred rupees, or with both.
(5)
Whoever, when required under section 19 to give his name and address,
refuses to give such name and address or gives a name or address which
subsequently transpires to be false shall be punishable with imprisonment
for a term which may extend to six months, or with fine of an amount which
may extend to two hundred rupees, or with both.
22[26. Secret contraventions
(1)
Whoever does any act in contravention of any of the provisions of section
3, 4, 10, or 12 in such manner as to indicate an intention that such act
may not be known to any public servant or to any person employed or working
upon a railway, aircraft, vessel, vehicle or any other means of conveyance,
shall be punishable with imprisonment for a term which shall not be less
than six months but which may extend to seven years and also with fine.
(2)
Whoever does any act in contravention of any of the provisions of section
5, 6, 7 or 11 in such manner as to indicate an intention that such act
may not be known to any public servant or to any person employed or working
upon a railway, aircraft, vessel, vehicle or any other means of conveyance,
shall be punishable with imprisonment for a term which shall not be less
than five years but which may extend to ten years and also with fine.
(3)
Whoever on any search being made under section 22 conceals or attempts
to conceal any arms or ammunitson, shall be punishable with imprisonment
for a term which may extend to ten years and also with fine.]
23[27. 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 then
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.]
28. Punishment for use and possession of firearms or imitation firearms
in certain cases
Whoever
makes or attempts to make any use whatsoever of a firearm or an immitation
firearm with intent to resist or prevent the lawful arrest or detention
of himself or any other person shall be punishable with imprisonment for
a term which may extent to seven years 24[and with fine].
Explanation
: In this section the expression "immitation firearm" has the
same meaning as in section 6.
29. 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 authorised 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 fore 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 25[three
years, or with fine, or with both].
30. Punishment for contravention of licence or rule
Whoever
contravenes any condition of a licence or any provision of this Act or
any rule made thereunder, for which no punishment is provided elsewhere
in this Act shall be punishable with imprisonment for a term which may
extend to 26[six months], or with fine which may extend to 26[two thousand]
rupees, or with both.
31. Punishment for subsequent offences
Whoever
having been convicted of an offence under this Act is again convicted
of an offence under this Act shall be punishable with double the penalty
provided for the latter offence.
32. Power to confiscate
(1)
When any person is convicted under this Act of any offence commited by
him in respect of any arms or ammunition, it shall be in the discretion
of the convicting court further to direct that the whole or any portion
of such arms or ammunition, and any vessel, vehicle or other means of
conveyance and any receptacle or thing containing, or used to conceal,
the arms or ammunition shall be confiscated:
Provided
that if the conviction is set aside on appeal or otherwise, the order
of confiscation shall become void.
(2)
An order of confiscation may also be made by the appellate court or by
the High Court when exercising its powers of revision.
33. Offence by companies
(1)
Whenever an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, or
was responbsile to the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided
that nothing contained in this sub-section shall render any such person
liable to any punishment under this Act if he proves that the offence
was committed without his knowledge and that he exercised all due diligence
to prevent the commission of such offence
(2)
Notwithstanding anything contained in sub-section (1) where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer
shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation
: For the purpose of this section-
(a)
"company" means any body corporate, and includes a firm or other
association or individuals; and
(b)
"director", in relation to a firm, means a partner in the firm. |
