Arms Act, 1959


The Arms Act, 1959 is an Act of the Parliament of India to consolidate and amend the law relating to arms and ammunition in order to curb illegal weapons and violence stemming from them. It replaced the Act, 1878.
The Arms Act was passed in 1959.

Chapters

The act is divided into six chapters.
  • Chapter I: Preliminary
  • :Provides a short title and definitions of terms used in the act
  • Chapter II: Acquisition, Possession, Manufacture, Sale, Import, Export, and Transport of Arms and Ammunition
  • : Explains rules and regulations around acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition in India.
  • Chapter III: Provisions relating to licences
  • : Details how to procure license, rules around grant, refusal, fees for license.
  • Chapter IV: Powers and Procedure
  • : Provides details on the powers that the government officials have to enforce this act.
  • Chapter V: Offences and penalties
  • : Explains punishments associated with breaking rules related to this act.
  • Chapter VI: Miscellaneous
  • : Deals with the other miscellaneous parts of the act such as exemptions.

Current affairs

The Act has undergone many changes since 1959, the most recent being in 2010 through an amendment for the Arms Act. There was also controversy around air guns to be included as part of this act which was rejected by the Supreme Court of India.

Previous legislation

Prior to the Indian Rebellion of 1857, there were little to no gun control laws in British India. In 1878, the British colonial government, under the administration of Lord Lytton, introduced the Indian Arms Act 1878. The act, which regulated the manufacture, sale, possession and carrying of firearms in British India, made it a criminal offence to keep, bear or trade guns without a government license. Penalties for violating the act included being imprisoned for up to three years and fined; in cases of concealment or attempted concealment the guilty party could be imprisoned for up to seven years. The act included exceptions for certain groups in India, including Europeans, Anglo-Indian people, certain groups of Indian colonial officials and "all persons of Kodava race".
The Indian Arms Act 1878 came under repeated criticisms from Indian nationalists. In a 1918 recruitment leaflet written to encourage Indians to fight in World War I, Mahatma Gandhi voiced his disapproval of the act:

Prohibited and Non-Prohibited Bore

The Arms Act classifies firearms into two categories: Prohibited Bore and Non-Prohibited Bore. All automatic firearms and semi-automatic firearms except pistols fall under the Prohibited Bore category. Any firearm which can chamber and fire ammunition of the caliber.303, 7.62mm; 410,380;.455; 9mm is specified as Prohibited Bore under The Arms Act of 1962. Smooth bore guns having barrel of less than 20" in length are also specified as Prohibited Bore guns. The common firearms which are provided to people with a license under this Act are double barreled shotguns of 12 gauge, common firearms are 0.315 bolt-action rifles and 0.32 Smith&Wesson Long revolvers, 0.35" semi-automatic pistols and 12 Bore pump-action shotguns.

Stun Guns and Tasers

Under Indian Arms Act, 1956 stun guns and tasers are illegal to own and are considered as prohibited arms under Section 25 of the Arms Act.

Knife legislation

Edged weapons like swords, machetes, spears, bowie knives and stilettos require license under the Arms Act. Sword sticks, daggers, throwing knives, bayonets and switchblades are illegal. Edged weapons are illegal to carry in public places, educational institutes, airports, railway stations and metro stations is illegal. Any knife with a blade length exceeding 9 inches or a blade width exceeding 2 inches will be considered illegal to carry.

Pepper Spray

Pepper spray is legal and doesn't require a license or documentation to buy one. However, manufacturers need a government license. The rules of carrying pepper spray in public transport are unclear, especially in metro trains where the permission to carry it remains under the discretion of the Central Industrial Security Force due to risks of people carrying poison gas in pepper spray cans.

Open Carry

Some restrictions may be in place to accommodate religious customs and beliefs. In these cases, specific groups may be able to carry knives according to their religious laws. For example, Nihang Sikhs can carry edged weapons and firearms after obtaining a license under the Arms Act and all Khalsa Sikhs are allowed to carry the kirpan in public. The Gurkha community is allowed to open carry khukris. However, there may be restrictions on the size of the kirpan that can be carried in public, and some states have specific laws against it. The Kodava community is allowed to carry swords and firearms without license only within the Kodagu district. In 2004 the Ananda Marga sect have been allowed to carry Trishulas and knives in their religious processions. Shia Muslims are allowed to carry swords and knives but only during Muharram processions after obtaining permission from the respective local police department.