Sub Section (1)

[Note: Subs. by Act 25 of 1983, s. 8 (w.e.f. 22-6-2024) ] (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 imitation firearm into a firearm in contravention of section 6; or

(c) [ Note: Omitted by Act 42 of 1988, s. 5 (w.e.f. 27-5-2024) ]

(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.

[(1A) [ Note: Renumbered and Ins. by s. 5, ibid. (w.e.f. 27-5-2024) 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, but which may extend to ten years and shall also be liable to fine.

[(1AA) Whoever 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 prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for life and shall also be liable to fine.]

[(1AAA)] [ Note: Renumbered and Ins. by s. 5, ibid. (w.e.f. 27-5-2024) 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 whish shall not be less than [ [Note: Subs. by Act 39 of 1985, s. 2 for certain words.] three years, but which may extend to seven years] shall also be liable to fine.

(IB) Whoever-

(a) Acquires, has in his possession or carries any firearm or ammunition in contravention of section3, or

(b) Shortens the barrel of a firearm or converts an imitation firearm 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 transfer any firearm which does not bear the name of the maker 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-section (iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearms or ammunition contravention of that section;

(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

(f) Brings into, or takes out of, India, any arms or ammunition in contravention of section 10; or

(g) Transport 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 required 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 a term which shall not be less than [ [Note: Subs. by Act 39 of 1985, s. 2 for "six months".] one year] but which may extend to three years and shall also be liable to fine:

Provided that Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than [one year]

(IC) [ Note : Ins. by s. 2, ibid.] Notwithstanding anything contained in sub-section (1B), whoever commits an offence punishable under that sub-section in any disturbed are 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.]

Sub Section (2)

Whoever being a person to whom sub-clause (I) 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 shall be punishable with imprisonment for term which may extend to one year, or with fine or with both.

Sub Section (3)

[Note: Subs. by Act 25 of 1983, s. 8 (w.e.f. 22-6-2024) ] 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 the 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 provisions 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 five hundred rupees, or with both].

Sub Section (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.

Sub Section (5)

Whoever, when required under section 19 to give his name and address, rupees, refuses to give such name and address to 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.

Comments

(i) Cancellation of licence on the ground of temporary charge or custody of the gun by another when the licencee had excused himself from the scene for easing purposes, is illegal & bad in law, as this does not amount to violation of any condition of the Act [Hardeo Narayan Singh v. State of Bihar & Ors; AIR 1985 Pat. 3(5)].

(ii) Since the participation of the accused and the use of any arm or weapon in the crime could not be proved ‘beyond reasonable doubt’, he was acquitted of the charges of murder and his conviction u/s 25 of the Arms Act, 1959, was also set aside [Bishan Singh & Ors v. State of Punjab; AIR 1983 SC 748].

(iii) It is improper and held to be ‘unsafe’ to convict a person merely on the ground (s) or basis of an ‘uncorroborated evidence’ as to the alleged recovery of arms & ammunition at the instance of the respondent [State of Punjab, Appellant v. Gurnam Singh, Respondent; AIR 1984 SC 1799 (1)].

(iv) In a recent case, the appellant was convicted u/s 5 of TADA, 1987 read with Sec. 25 of the Arms Act, 1959, as a result of seizure of one pistol of 9 mm bore along with 60 live cartridges from his custody. However, there were certain lacunae like, the cartridges were not at all sent for the mechanical ‘test’ apart from an unexplained delay of more than two months in sending the pistol for the same test. There was also some worth-noticing ‘incompatibility and contradiction’ between the statements of different PW’s in regard to sending of pistol in a sealed parcel, and also as to the side of the entrance to the place of the recovery. Moreover, of all PW’s, not a single ‘independent’ witness was present during the time of search & seizure of one pistol & 60 live cartridges. All these lacunae and contradictions gave a picture of ‘made-out’ or ‘blown-out-of-proportion’ type of case. Hence, the conviction & sentence of the appellant was set aside and the appeal allowed [Kartar Singh, Appellant v. State of Punjab, Respondent ;AIR 1993 SC 341].