A CRITICAL ANALYSIS OF THE ARMS ACT, 1959

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ABSTRACT

The government establishes rules and regulations to preserve law and order in a nation. The state is protected from all forms of external and internal dangers by the defense and security agencies. To preserve the peace and security of the state, these agencies are armed with firearms and have the authority to employ both appropriate and occasionally excessive force. The military forces and law enforcement agencies are the only entities in India with the authority to use guns and ammunition. However, the restrictions governing residents’ ability to possess and use firearms are extremely stringent. The Arms Act, of 1959 is the primary source of gun control law in the nation. It prohibits the import, export, transportation, manufacturing, selling, and ownership of weapons and ammunition without a license. This article primarily focuses on an in-depth review of the legal provisions included in the Arms Act of 1959, including the definitions, the licensing of weapons, the appeals process, and the offenses.

Keywords – Arms Act, Provisions relating to License, Penalties.

INTRODUCTION

[1]The Arms Act, of 1959, was passed by the Indian Parliament specifically to unify and modify the rules about weapons and ammunition. This was a crucial response to the threat posed by individuals in possession of illegal arms capable of being used in crimes and promoting social unrest. The Act seeks to be as comprehensive as possible to cover all aspects of the purchase, possession, manufacturing, sale, import, export, and transit of arms and ammunition, as stated clearly in Chapter II of the same document. Additionally, Chapter IV of the Act describes the methods and powers that the government and other authorities may employ to control the use and ownership of firearms and ammunition in India. These include provisions for detention orders, search warrants, arrests, and seizures.

BACKGROUND

[2]Guns and other weapons were freely owned by Indians before colonial rule. Possessing a gun in those days was both a sign of respect and tradition and a means of protection. The princely state monarchs and rulers did not think it was necessary to restrict their subjects’ access to firearms. Then, there were no restrictions on who may carry a firearm around. The first known incident of Indians using firearms to terrorize the British, who were in authority at the time, was during the Sepoy Mutiny in 1857. During this unpleasant occurrence during colonial times, the British gave the Indian sepoys the famed Enfield gun. But the sepoys had to bite off the greased cartridges made of calf and pig fat to operate the gun. This tactic, which was employed to ridicule the religious beliefs of Muslims and Hindus, caused a great deal of bloodshed and discontent among the Indians. The sepoys thus had more motivation to organize and begin a bloody uprising against British authorities. The British concluded that the only way to stop any further mass uprisings against them was to enact legislation that prohibited Indians from owning any weapons after observing how quickly the Indians were able to set aside their differences and come together to fight against their oppression. The Indian Arms Act of 1878 resulted from this. This Act limited the possession of firearms by Indians to those who had valid permits or before. Under Lord Lytton’s leadership as Viceroy of India at the time, this Act further restricted the production, distribution, ownership, and transportation of guns. This Act was hypocritical as it provided Europeans with a convenient exemption from its restrictions, yet it imposed severe penalties and punishments on Indians who were discovered to have any kind of weapon. Following its independence, the Indian government enacted the Indian Arms Act, of 1959, which acknowledged that some law-abiding people were required to own and carry weapons for self-defense, sporting events, and crop protection. The 1962 Arms Regulations came after this Act.

OBJECTIVES OF THE ACT

The preamble states that the purpose of this Act is to “amend and consolidate the law relating to arms and ammunitions.”
The primary aim of this Act is to control and limit the unlawful distribution of firearms and ammunition.
It also regulates the availability of hazardous weapons to prevent individuals from getting them and outlines the licensing process for certain types of weapons and ammunition.
This Act recognized the right of the people to keep and carry weapons as a legitimate one. It was realized that allowing them to carry and use specific weapons and ammunition is required in particular cases, such as self-defense or when there is a substantial threat to life and property.

OUTLINE OF THE ACT

[3]Twelve years after Indian independence, the Act of 1878 remained in effect. On November 27, 1953, the Indian government introduced the Indian Arms (Amendment) Bill (49 of 1953) in the Lok Sabha to amend the country’s gun control regulations. In addition to being circulated to gather public input, the Bill was discussed in both houses of parliament. To address the suggestions and comments, the Bill was revised and presented to the Parliament once more in 1958. The Bill was approved by the President of India on December 23, 1959, after passing both Houses of Parliament. The Act, which covers the entirety of India, went into effect on October 1, 1962. The Act was divided into the following chapters namely:

Chapter 1 – Preliminary- (Sections 1,2)
Chapter 2 – Acquisition, Possession, Manufacture, Sale, Import, Export, and Transfer of Arms and Ammunition – (Sections 3-12)
Chapter 3 – Provisions Relating to Licenses – (Sections 13-18)
Chapter 4 – Powers and Procedure – (Sections 19-24B)
Chapter 5 – Offences and Penalties – (Sections 25-33)
Chapter 6 – Miscellaneous – (Sections 34-46).

DEFINITIONS FROM 1959’S ACT

Ammunition

[4]The term “ammunition” refers to the items that shoot guns. According to the definition given in this Act, Section 2(b) includes the following as ammunition

Rockets, bombs, grenades, shells or missiles,
Articles used in torpedo service and submarine mining,
articles used to contain any explosives, fulminating or fissionable material or any noxious liquid or gas, or any other things which can or cannot be used with firearms,
Charges for firearms and their accessories,
Fuses or friction tubes,
Manufacturing machinery or parts of ammunition,
Any other ingredients specified by the Central government.

Arms

Section 2(c) defines “Arms” as items of any kind intended to be used as weapons for offense or defence, including firearms, edged weapons, and other deadly weapons, as well as parts and manufacturing machinery. However, this section excludes the following.

Items made exclusively for use in the home or farm, such as walking sticks or lathi
Weapons that are just fit for play or that cannot be upgraded to become functional weapons.

ELIGIBILITY TO HOLD ARMS

Despite the demonstration does not state clearly who is allowed to own certain weapons and ammunition, individuals who are prohibited from obtaining or possessing such weapons are included in Sections 9 and 14. As per Section 9(a), the subsequent people are prohibited from obtaining or owning weapons and ammunition:

Is under 21 years of age, or
During the five years following the conclusion of their sentence, they have been found guilty and punished for any violent or morally repugnant offense;
Has been directed by the court to carry out a bond under the Code of Criminal Procedure, 1973, for maintaining good behavior or maintaining peace during the bond’s duration.

A person is not eligible for a license under the Act, as per Section 14(b)(i), if a licensing authority has reasonable grounds to suspect that the applicant is mentally incompetent, for any reason, or is prohibited from obtaining, possessing, or carrying any arms or ammunition by any provisions of the Act or by any other law in effect at the time.

PROVISIONS RELATING TO LICENSE

A license to carry guns is not something that can be obtained easily. The Indian firearm laws are among the strictest in the world, in contrast to the United States of America, where the freedom to carry weapons is protected by the constitution. Because there are so many steps one must take to prove to the authorities that one is qualified to own a handgun, getting a license to do so can take up to a full year.According to Section 3 of the Act, the only people who are allowed to own any kind of firearm or ammunition are those who hold a license that has been validly issued in compliance with the Act’s requirements. A maximum of three guns may be possessed by an individual under the 1959 law. Within ninety days of the Act’s implementation, any excess must be turned up at the nearest police station.

Applications for the issuing of an arms license must be submitted in the proper format, together with the necessary paperwork and fees, to the relevant licensing body. The minimum age required to be eligible to own a firearm is twenty-one years of age. However, if someone is a “junior target shooter,” they can legally own a gun at the age of 16. Documents include evidence of identification, proof of residency, proof of age and education, four passport-sized photos, the latest three years’ worth of income tax returns, a character reference, and certifications of physical and mental health must all be submitted with an application for a license.

LICENSE FOR SELF-DEFENSE

[5]The applicant must demonstrate that they are facing an imminent threat to their life to be granted a self-defense license. But the threat posed by wild animals can also be included in this. After the application is submitted, the police conduct a two-month background check on the applicant. During this time, the applicant’s family and neighbors are interviewed to determine the applicant’s nature, including whether or not they are aggressive or suppressive and whether or not they have a criminal history of domestic violence or aggression. The Police Criminal Branch of the National Crime Record Bureau retains the police reports, after which the licensing authorities examine the applicant and determine whether to approve or deny the license application. If the license is approved, the applicant must take an “arms handling” course as a condition of receiving the license to guarantee that they handle firearms responsibly and safely. Licenses to own firearms remain valid for three years. The Central Government retains the ultimate authority to confiscate a person’s permits and firearms at any time. They also have exclusive control over the production, importing, exporting, and selling of these arms and ammunition.

MANUFACTURING AND SELLING OF ARMS AND ITS LICENCE

It is expressly forbidden by Section 5 of the Act for anyone to use, produce, sell, transfer, convert, repair, or test any weapons or ammunition without a license. When someone legitimately owns firearms and ammunition for their personal use, they are free to sell or transfer such items to another individual who isn’t prohibited from owning them by this Act.

Requirements for licensing

When selling or transferring a firearm that needs a license, the person selling or transferring it shall notify the nearest police station officer or the district magistrate with jurisdiction over the following:

The transfer or sale of such weapons, and
The individual’s name and address that he plans to sell or transfer to.
It should be mentioned that the individual selling or transferring the firearms must do so within 45 days of giving this information.

IMPORT AND EXPORT OF ARMS AND ITS LICENCE

According to Section 10 of the Act, it is strictly prohibited for everyone to transport weapons or ammunition outside of India by land, air, or sea without a license. However, this rule does include several exceptions:

Anyone who is permitted by this Act or any other Act, or who is not prohibited by this Act, may remove such weapons or ammunition from India in reasonable quantities and without a license; however, the weapons or ammunition must be used for the individual’s personal use alone.
A bonafide tourist is permitted to carry reasonable amounts of weapons or ammunition into India for the sole purpose of participating in sports. Such an individual must be a citizen of the nation as defined by the Central Government in the Official Gazette and be able to lawfully carry weapons and ammunition in that nation.

TIME DURATION OF THE LICENCE

According to Section 15 of the Act, a license is valid for three years from the day it was issued. If the applicant requests it or the licensing body determines it is necessary for any reason that must be documented, it may be given for a shorter period. All licenses are renewable in the same manner as they were issued under Sections 13 and 14 unless the licensing authority determines otherwise for valid reasons.

SUSPENSION OF LICENCE

The Act’s Section 17(3) allows for the license to be suspended or revoked under the following situations:

The licensing authority may refuse to provide a license under this Act if it determines that the applicant is not suitable for any reason, is of unsound mind, or is barred from obtaining or possessing weapons or ammunition by this Act or any other Act.
If the licensing authority determines that canceling the license is essential for maintaining public safety,
If the requirements for granting the license were not fulfilled.

PROHIBITED FIREARMS

[6]A list of “prohibited ammunition,” as defined by Section 2(1)(h) of the Act, includes rockets, bombs, grenades, shells, missiles, and items intended for torpedo service and underwater mining. Ammunition carrying any toxic gas or liquid is included on the list. Furthermore, weapons intended to release toxic liquids and gases are listed as prohibited arms in Section 2(1)(i) of the act, as are modified firearms that discharge missiles continuously when pressure is applied to the trigger or until the magazine holding the missiles is empty. The list also includes anti-aircraft, anti-tank, and artillery weapons. Section 7 of the Act prohibits the ownership, acquisition, manufacturing, and sale of the aforementioned weapons and ammunition. Furthermore, Section 9 of the Act prohibits young persons (those under the age of 21) from purchasing and obtaining firearms through sale or transfer.

DEPOSITION OF ILLEGAL WEAPONS

If a person’s license is suspended, revoked, or expires and their continued possession of firearms becomes illegal, they are obligated by Section 21 of the Act to immediately turn in any firearms they may have to the appropriate officer at a police station.

CENTRAL GOVERNMENT POWERS

Section 11 – Power to prohibit import or export of arms etc.,
Section 12 – Power to restrict or prohibit the transport of arms,
Section 41 – Power to Exempt,
Section 42 – Power to take the census of firearms,
Section 43 – Power to delegate.

POWERS AND PROCEDURES UNDER THE ACT

[7]The Arms Act’s Chapter IV contains provisions that give the government, officials, and administering agencies the authority to impose restrictions on the possession of firearms, conduct searches and seizures, and issue prohibitory orders.

According to Section 19 of the Act, any police officer or other officer has the authority to request that anyone in possession of firearms or ammunition show their license. The officer may demand that the person provide his name and address if he refuses or is unable to show such a license. In addition, if the police feel that it is essential or has any suspicions, they may arrest the subject without a warrant or take such weapons and ammunition.
A person is required by Section 22 of the act to deposit any weapons and ammunition in his possession with the police station nearest to them, licensed dealer, or unit armory if his license is revoked, suspended, or expires, or for any other reason that makes it unlawful for him to possess them.
Sections 22, 23, and 24 outline the laws governing the search, seizure, and detention of firearms, ammunition, and other relevant items, as well as the protocol that the enforcing authorities must follow.
Sections 24A and 24B deal with provisions prohibiting the possession and carrying of notified arms in disturbed areas

APPEAL

According to the Indian Limitation Act of 1908, anybody who is aggrieved by a licensing authority’s decisions has the right, within a set time frame, to appeal it to the appellate authority. However, no appeal may be filed against an order made by the government.

APPELLATE AUTHORITY

[8]The appeal must be submitted as a written petition with a brief justification for the appeal against the order. It should be sent with the required payments as well. The appellate authority must provide the appellant a fair chance to be heard while deciding such an appeal. Until and unless the appellate body orders differently, the order against which the appeal was filed will stand. Whether it is to affirm, amend, or reverse the order, the appellate authority’s decision is final.

PENALTIES UNDER THE ACT

Section 25 (1) of the Act states that the offences relating to manufacturing, selling, and other activities involving weapons and ammunition without a license, reducing the length of guns, turning toy guns into real weapons, importing and exporting weapons after government prohibitions, etc. will be punished with minimum three-year sentence, with a maximum seven-year sentence, with fines.
Section 25(2) stipulates that any violation of the acquisition, possession, or transportation of firearms or ammunition by an individual under the age of 21 shall result in a maximum imprisonment of 1 year with a fine.
Section 25(3) of the act, any offense about the sale or transfer of arms or ammunition without notifying the District Magistrate or the officer of the closest police station can result in imprisonment for a maximum duration of 6 months, a fine of 500 rupees, or both.
Section 25(4) of the act, those who commit the offense of ignoring to turn in a license or surrender one after it has been suspended or revoked may be sentenced to up to six months in jail, a fine of up to 500 rupees, or both.

CASE LAWS

Ganesh Chandra Bhatt V District Magistrate, Almora and others

[9]The question in this case was whether the right to keep and carry weapons constituted a component of the right to self-defense, which is a guaranteed right under Article 21 of the Constitution to life and liberty. The court’s ruling is as follows:

Article 21’s protection of the right to self-defense indeed includes the right to carry arms.
If, after three months, the applicant does not hear back from the authorities despite having followed the correct procedures to get a license for a non-prohibited firearm, the license is considered to have been issued by the government.
A citizen’s self-respect and dignity are tied to the habit of worshipping weapons during the festivals of Dussehra and Diwali, which is necessary for them to exercise their right to live as guaranteed by Article 21.
However, this ruling was reversed in the aftermath of the attacks in Bombay in 1993, which led to the abolition of the constitutional protection afforded to the right to bear arms. As a result, the right to bear arms is now recognized as a legal right under the Arms Act and is governed exclusively by its provisions.

Atar Singh V State

[10]The Arms Act of 1959’s Section 1(3) was contested because it was unconstitutional. According to the clause, the Central Government may designate a date for the Arms Act, of 1959 to go into effect by publishing a notification in the official gazette. The court made the observation that since the ability to determine the Act’s start date is being transferred, courts must exercise liberal judgment and shouldn’t typically deem a clause like this to be ultra-vires. According to the court, Section 1(3) of the Arms Act, 1959, which grants the Central Government the authority to choose the Act’s start date, is therefore lawful.

THE ARMS AMENDMENT BILL, 2019

[11]Mr. Amit Shah, the Minister of Home Affairs, proposed the Arms (Amendment) Bill, 2019 in the Lok Sabha on November 29, 2019. Changes to the 1959 Arms Act are sought by the Bill. The goal of this is to make it harder for an individual to possess more than one licensed firearm and to make certain Act violations more punishable. New offense classifications are also introduced. Additionally, the Bill extends a weapons license’s validity from three to five years. According to the Bill, the trade, purchase, or sale of weapons or ammunition into or out of India that are either not marked by the Act or that otherwise break its requirements constitutes unlawful trafficking. Illegal trafficking carries a fine and a term of imprisonment ranging from ten years to life. The central government may establish regulations governing the tracking of guns and ammunition from producer to buyer to locate, inquire into, and evaluate the production and trafficking of illegal goods.

CONCLUSION

In India, owning and using firearms has long been controversial and the focus of intense judicial scrutiny. Many intellectuals and supporters of gun rights have regarded India’s gun restrictions and policies as among the strictest and most uncompromising in the world. The Indian government adopted new gun control regulations after independence, including the main provisions of the antiquated gun laws that were in place during the British Raj. The Arms Act, of 1959, which amends several outdated regulations to better suit the requirements of contemporary, independent India, is a major piece of new gun control legislation that significantly affects the country’s gun restrictions. Since it guarantees that appropriate constraints and restrictions are implemented for things connected to weapons and firearms to preserve public order, defend people’s rights, and prevent the concentration of guns in the wrong hands, the Arms Act, of 1959, is regarded as security law.

[1] Legal Service India, https://www.legalserviceindia.com/legal/article-9690-a-brief-of-arms-act-1959.html

(November 18,2023).

[2] Ipleaders, https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/ (November 18, 2023)

[3] Aequitas Victoria, https://www.aequivic.in/amp/aijacla-the-arms-act-1959-a-legal-analysis-and-comparative-study-with-usa (November 19, 2023).

[4] India Code, https://www.indiacode.nic.in/handle/123456789/1398?sam_handle=123456789/1362 (November19,2023).

[5]Ipleaders, https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/ (November 19, 2023)

[6] Legal Service India, https://www.legalserviceindia.com/legal/article-9690-a-brief-of-arms-act-1959.html

(November 19,2023).

[7] Aequitas Victoria, https://www.aequivic.in/amp/aijacla-the-arms-act-1959-a-legal-analysis-and-comparative-study-with-usa (November 19, 2023).

[8] Ipleaders, https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/ (November 19, 2023)

[9] Ganesh Chandra Bhatt V District Magistrate, Almora and others, Ipleaders, https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/ (November 19, 2023

[10] Atar Singh V State, Aequitas Victoria, https://www.aequivic.in/amp/aijacla-the-arms-act-1959-a-legal-analysis-and-comparative-study-with-usa (November 19, 2023).