This article is written by Nivetha S of 10th Semester of Sathyabama Institute of Science and Technology, Chennai, an intern under Legal Vidhiya.
ABSTRACT
The Indian government’s regulation and control over weapons and ammunition are governed by the Arms Rules of 1962. The Arms Rules, 1962 abstract offers a succinct overview of the main clauses and directives included in the manual. The regulations are intended to guarantee that firearms, ammunition, and other associated goods are legally owned, used, and licensed. They cover a wide range of topics, such as the requirements for qualifying for arms licenses, the obligations of license holders, and the protocols for producing, selling, and shipping weapons and ammunition. The regulations also include procedures for reporting stolen or lost weapons and storing firearms safely. The main goals are to protect public safety, stop the improper use of weapons, and control the legal acquisition and use of firearms.
KEYWORDS
Arms Act, Firearms, Ammunition, License, Registration, Penalty, Endorsement, Authorities, Renewal, Import and Export.
INTRODUCTION
In India, the Arms Rules of 1962 provide an essential regulatory framework that enhances the Arms Act of 1959. The procedures, requirements, and limitations controlling the acquisition, use, and possession of firearms and ammunition within the nation are all outlined in detail in these regulations. The laws cover a wide range of topics, including import and export laws, safe storage provisions, and the licensing and classification of firearms.[1]
This extensive legal framework is intended to strike a balance between the need for public safety and security and the individual’s right to own firearms. Guns are categorized into various groups under the 1962 Arms Rules, each of which is subject to unique laws, inspection requirements, and licensing requirements. The regulations impose strict eligibility requirements and background checks on those seeking to obtain a firearms license. To ensure that only appropriate and safe weapons are available to the public, certain types of firearms and ammunition are expressly prohibited for civilian use by provisions within the rules. The regulations specify conditions for the safe storage of firearms, protocols for transfers, and renewal processes, all of which help to ensure that arms regulations are implemented in an efficient manner. The regulations also cover important facets of import and export, defining the conditions that allow for these kinds of activities.
The Arms Rules of 1962, which recognize the value of responsible gun ownership, attempt to strike a balance between individual rights and public safety by offering a thorough regulatory framework. The law gives authorities the authority to uphold rules, penalize infractions, and keep track of firearms that are registered. For the most up-to-date and accurate information, it is imperative to consult the most recent versions of the Arms Act and Rules, as they may have undergone updates and amendments over time.
HISTORY AND EVOLUTION OF ARMS ACT IN INDIA
Indian Arms Act 1878
The Indian Arms Act has such a rich history. This act is constantly changing in India due to the passage of time. It all began during the colonial era, when large armed groups of Indians banded together to rebel against British rule following the 1857 uprising. Indians intimidated the British, who saw armed Indians as a danger to their authority in this nation. To rule out the prospect of another mass rebellion, the British government enacted the Indian Arms Act in 1878. The Indian Arms Act stated that no Indian could possess firearms without authorization or a valid license. During the tenure of victory herd actions, this rule was put into effect.[2]
This act exempted every European. However, Indians who possessed any kind of weaponry faced severe penalties and restrictions. This act is strongly opposed by national leaders like Mahatma Gandhi. “The Act depriving a whole nation of arms will be viewed by history as the blackest of the many misdeeds of British rule in India,” he declared. Up until the conclusion of the colonial era, Indians were prohibited from possessing firearms by the Indian Arms Act of 1878. The Indian Arms Act, 1878, was superseded by the Arms Act, which went into effect on October 1, 1962, following independence. It has been noted that, in some circumstances, allowing the most senior citizens to own and carry firearms is essential. The act became operative as a result. Thus, through the Arms Act of 1959, the right to keep and bear arms was acknowledged as a legal right rather than being declared a fundamental right. Additionally, the 1962 Arms Rule went into force.
Arms Act, 1959
According to the Arms Act of 1959, any Indian citizen may obtain a license to possess firearms for self-defense or other legitimate reasons, including threats to their life. According to Article 14, licenses may not be granted for “public peace or public safety” reasons. When refusing to grant such licenses, authorities are not required to provide a justification. Only half of the applications submitted to the authorities are approved for licenses. Every three years, the citizen with the firearms license should renew it. Approximately 3.22 per 100,000 people are killed in India each year, with 90% of the victims having used illegal weapons to commit their crimes.[3]
Arms Rules 2016
This policy goes into effect for the safe handling and storage of weapons. The 1962 Arms Rules were superseded by this act, which became operative on July 15, 2016. The Arms Rule of 2016 mandates that all applicants for a manufacturer’s license or arms license must successfully complete courses on ammunition and weapon safety. Basic understanding of weapons and ammunition, safe gun handling, firing technique, safe storage, maintenance, and transportation are all covered in this training.
According to the Arms Rule of 2016, the authorities have sixty days to approve or deny an application for a license to possess arms and ammunition following the completion of the qualifying criteria and police verification.
Arms (Amendment) Act 2019
To strengthen the Arms Act of 1959, parliament passed the Arms Amendment Bill. The goal of the maximum penalty, which is life in prison, for manufacturing and possessing illegal weapons is achieved by this bill. The Lok Sabha amended the act on December 9, 2019, and the Rajya Sabha did the same on December 10. This bill will impose harsh penalties on those found in possession of illicit firearms and on those who recklessly and carelessly discharge firearms, putting other people’s lives and safety in jeopardy. According to the bill, the offense is assumed to be more serious in the eyes of the law and is punishable by up to two years in prison, a fine of up to Rs. one lakh, or both.
Additionally, the bill suggests that the maximum penalty for manufacturing illegal weapons be life in prison if found guilty. A license was needed to carry or own a firearm under the 1959 Arms Act. Additionally, the act made it possible for someone to get a license for up to three firearms. The 2019 Arms Amendment Bill lowers the personal firearm limit from three to one.
DEFINITIONS UNDER ARMS ACT
Ammunition-
It refers to the munitions used in firearms. According to the definition given in Section 2(b) of this Act, “ammunition” includes the following items: charges for firearms and their accessories; fuses or friction tubes; manufacturing machinery or parts of ammunition; articles used in torpedo service and submarine mining; articles used to contain any explosives; fulminating or fissionable material; any noxious liquid or gas; or any other items which can or cannot be used with firearms.[4]
Arms-
Articles intended for use as weapons for offense or defense are considered “arms,” as defined by Section 2(c).
Firearms and any other deadly or sharp weaponry, as well as manufacturing equipment and spare parts for weapons, are all included. However, it excludes the following: Weapons that are only fit for play or cannot be made into functional weapons or articles made exclusively for home or agricultural use, such as walking sticks and lathi.
Firearms-
It is defined as “arms intended to discharge a projectile through an explosion or any other form of energy” in Section 2(e). It consists of artillery, hand grenades, riot pistols, or weapons that can shoot poisonous gas or liquid; gun accessories designed to reduce the flash or noise produced by these weapons; manufacturing equipment or gun parts; platforms; carriers; and equipment for moving guns.
TYPES OF ARMS
Section 2 of the Act permits two primary categories of firearms to be owned by an individual:
- prohibited bores (PB), which are exclusively available for use by the Army, Central Paramilitary Forces, and State Police.
- Weapons known as non-prohibited bores (NPB) are those that any person with an active arms license may use.
The main factor used to differentiate between the two is the bore measurements, which represent the thickness or diameter of the bullet. The 2008 Mumbai terrorist attacks led to changes in the laws governing gun ownership. Prior to the attack, family heirlooms and members of the armed forces were allowed to use weapons that were prohibited by law. After the attacks, however, only people who either live in areas where terrorist attacks are likely to occur, who are potential targets of terrorists because of their line of work, or who otherwise pose a “serious and imminent threat” to themselves, or members of their family are permitted to own PB firearms. The only organization with the authority to grant PB licenses is the Central Government.[5]
CONDITIONS OF ARMS RULES 1962
- The license is granted in accordance with all the terms of the 1962 Arms Rules and the 1959 Arms Act.
a) “Government arms” refers to firearms or other weapons owned by the government.
b) “Government ammunition” refers to ammunition produced in government-owned factories or prepared for and supplied to the government, excluding ammunition that may be released by the government for civilian use.
2. The licensing authority may revoke Condition 2(ii) if authorized to do so by the central government, with an additional endorsement demonstrating the government-issued weapons or ammunition permitted to carry out.
3. The licensee will need to provide the firearms owned under this license upon request from an authorized officer and shall not transfer or give any firearms, ammunition, or any portion thereof to anyone who isn’t legally allowed to own them; proceed to report any loss or theft of any weapons to the closest police station ammunition that falls under this license; and
4. Notify the relevant licensing authority in advance of your intention to break up or dispose of any firearms, ammunition, or parts thereof (apart from what is noted in the note below); if you don’t, the licensing authority will require proof that the articles have been broken up or disposed of.
5. The licensing or renewing authority may, at any point during the license’s validity, inquire as to whether the weapon for which the license has been granted is still in the licensee’s possession. They may also demand that the weapon be produced to conduct this inquiry.[6]
6. The following additional requirements will be applicable if an educational institution grants a license in this form for the possession of potassium chlorate.
a) The institution’s head should certify to the licensing authority that the chlorate stored meets the minimal quality standards needed for laboratory use.
b) Any stock of chlorate that is owned should be kept under lock and key in a well-built cupboard or almirah, under the supervision and control of a responsible staff member. The location of the chemicals should also be sufficiently secured.
c) A responsible staff member should keep track of the issues and balances of chlorate that are possessed and compare them with the real stock on a regular basis.
7. Chlorates must be stored in a building made entirely of non-flammable materials, at least 100 feet away from any residence, other building, highway, street, public thoroughfare, or public area; provided, however, that the total amount stored cannot exceed 100 kg. Chlorates may only be stored in a building that is used to store other items that aren’t explosive or extremely flammable in a closed, secure container.
8. In the locations mentioned in column 5, sulfur and saltpeter are not allowed to be kept in the same room. However, if the combined amount of both is less than 100 kg, they may be kept in separate closed containers in the same space.
9. In the area of the receptacle mentioned in the provisos to conditions 7 and 8, as well as on the premises indicated in column 5, no one shall smoke or allow open fires at any time.
10. If a building used to store these materials has electric lighting or power installed, the licensee must have these installations tested by an Electrical Inspector appointed under the Indian Electricity Act, or once during the license’s validity period if the State Government of Sikkim notifies the relevant authority, to make sure there is no risk of fire or sparking.[7]
11. The licensee shall immediately notify the officer in charge of the closest police station with jurisdiction over the premises, as well as the Inspector of Explosives of the circle in question, of any accident, fire, or explosion that occurs within the premises listed in column 5 and results in the loss of human life or serious injury to person or property.
PROS AND CONS OF THE ARMS ACT
India’s Arms Act has several benefits and drawbacks. On the one hand, the Act has proven successful in upholding law and order and preventing the improper use of firearms in criminal activity. Additionally, the Act guarantees that only law-abiding citizens with the required training and licenses will handle firearms.
However, the Act has come under fire for being overly stringent and violating the right to keep and bear arms. Critics contend that while criminals continue to obtain firearms illegally, the Act makes it more difficult for law-abiding citizens to obtain licenses. The Act has additionally been criticized for failing to stop terrorist acts because terrorists frequently use illicit weapons that are not subject to the Act.[8]
CAUSES
India’s Arms Act was passed to control who can own, purchase, and use firearms there. Several reasons, including the need to uphold law and order and stop the improper use of firearms in criminal activity, led to the introduction of the Act. Firearms became more widely available in India during the British colonial era, and civilians used them for self-defense and hunting, among other uses. But since guns were being used in crimes like robberies and murder, this also resulted in a rise in firearm misuse. The British government began to take serious notice of the improper use of weapons, and in 1878 they passed the Indian Arms Act. The Act placed stringent limitations on the purchase and possession of firearms, and breaking the Act carried harsh consequences, such as fines and jail time.
The Arms Act remained in effect in India following the country’s independence in 1947. To address new security concerns and guarantee the appropriate use of weapons, the Act has, nevertheless, undergone several revisions over time. Preventing the use of weapons in terrorist acts was one of the main motivations behind India’s Arms Act.
The Indian government has been extremely concerned about terrorist activities, and weapons have frequently been used in terrorist attacks. The Act seeks to ensure that only law-abiding citizens who have completed the required training and acquired the required licenses are using firearms and to stop the spread of firearms among civilians. Controlling the proliferation of firearms among criminal elements is another goal of the Act. Gun abuse has been a major issue in India, where weapons are frequently used in violent crimes like robberies, kidnappings, and murders. The Act seeks to guarantee that firearms are only used for legitimate purposes and to stop criminals from obtaining and possessing firearms.
IMPORTANT PROVISIONS UNDER ARMS RULES, 1962
Section 3: Classification of arms and ammunition.
Referencing any category of arms or ammunition in these rules shall be construed in accordance with the categories of arms and ammunition specified in columns 2 and 3, respectively, of Schedule I, for the purposes of the Act and these rules.
Section 6: Justifications that, in specific situations, must be shared with the appellate authority.
In cases where a licensing authority determines that it is not in the public interest to provide the applicant with reasons for a license refusal, renewal, variation of conditions, revocation, or suspension, they will convey the case facts and the documented reasons for the decision to the appellate authority.
Section 7: Guidance and command over licensing bodies.
Every licensing authority will operate under the supervision and guidance of the appropriate appellate authority.[9]
Section 15: Target practice license.
It is permissible for any member of a military mess, club, or association to use the firearms or ammunition covered by a Form VI license for the purposes of the mess, club, or association in compliance with the license’s terms if the license has been granted in the name of the organization.
Section 19: Weapons that are not guns.
Except in the areas designated under Section 4, no license shall be necessary for the manufacture, sale, possession for sale, or testing of arms of category unless the Central or State Government so directs by notification in the Official Gazette.
Section 30: Ships that enter Indian territorial waters.
Regardless of whether the vessel carrying the arms or ammunition berths, the arms or ammunition carried by a vessel entering or departing India’s territorial waters shall be deemed imported or exported.
Section 45: Permission to possess firearms and ammunition.
Without confirming that the depositor or any other person on whose behalf the deposit is being made has no malice intended, the licensee in Form XIV may not accept weapons or ammunition for custody. On the day of deposit, return, or disposal, as applicable, of such arms or ammunition, the dealer shall either personally notify the District Magistrate and the closest police station or dispatch information to the officer in charge of the police station and the District Magistrate by registered mail.
Section 56
The appellate authority’s process is to be followed. After providing the appellant with a fair chance to be heard, the appellate authority may, upon receipt of an appeal, request the case files from the body that issued the order that is being appealed against and issue final orders.[10]
CASE LAWS
State of Madhya Pradesh V. Ayub Khan
The case briefs from the Supreme Court of India on the Arms Act of 1959 are as follows: The defendant was discovered in possession of an unlicensed country-made barrel gun that held two rounds of ammunition and fifty grams of explosives. Section 25(1)(a) of the Arms Act of 1959 was the basis for his charges. Even though the accused was a first-time offender and had spent a significant amount of time in custody, the magistrate issued the order. Ayub Khan, who was given the death penalty, was instead given a year of hard labor in prison and a fine of Rs. 100. The defendants filed a criminal revision appeal with the Madhya Pradesh High Court. The defendants filed a criminal revision appeal with the Madhya Pradesh High Court. Madhya Pradesh State filed an appeal with the Indian Supreme Court. The Honorable Supreme Court declares that the lower court erred gravely in failing to impose the statutory minimum sentence. The accused was charged under the Arms Act’s Section 25(1)(a), which stipulates that a minimum of three years in prison is required. Ultimately, the Honorable Supreme Court mandated that the accused serve a three-year sentence in prison and that they pay a fine of Rs. 5,000. If the fine is not paid, the accused will serve an additional three months in prison.
Satya Narayan Singh V. State of Bihar
Satya Narayan Singh, the appellant, was a legislator for the state of Bihar. He was accused of violating the Arms Act of 1959 and the Arms Rules of 1962 by having unlicensed weapons and ammunition. The appellant contended that the search of his property was unlawful and that the charges were politically motivated. The primary question was whether the Arms Act of 1959 and the Arms Rules of 1962 permitted the search of the appellant’s property and the confiscation of the weapons and ammunition. The search and seizure were deemed lawful by the Supreme Court. The appellant violated the Arms Act of 1959 and the Arms Rules of 1962 by having unlicensed firearms and ammunition in his possession, the court found. [11]
The court reasoned that the law was followed in conducting the search and seizure. The appellant’s failure to present any proof to back up his allegation that the charges were motivated by politics was also noted by the court. The Arms Act of 1959 and the Arms Rules of 1962 prohibit the unlawful possession of firearms and ammunition, a ruling upheld by the court. The ruling in this case upholds the legal principle that it is unlawful to possess unregistered weapons and ammunition. Additionally, it maintains the legitimacy of searches and seizures carried out in accordance with the 1962 Arms Rules and the 1959 Arms Act. For cases with similar issues in the future, this case serves as a precedent.[12]
CONCLUSION
An essential foundation for the control of weapons and ammunition in India is provided by the Arms Rules of 1962, which are an addition to the Arms Act of 1959. The goal of these regulations is to create a balance between the right of citizens to bear arms and the necessity of preserving national security and public safety. The regulations are designed to stop the illegal trafficking of firearms, prevent their misuse, and promote general law and order through classification, licensing requirements, and strict controls. The Arms Rules of 1962 established a regulatory framework that is in line with the historical background of post-independence India, which is marked by worries about internal stability, national security, and the need to control the proliferation of firearms. The regulations aim to offer a thorough framework for the responsible ownership and use of firearms by defining categories of arms, establishing requirements for licensing, identifying prohibited firearms, and delineating the consequences for infractions. It’s possible that the Arms Rules have undergone modifications over time to address new issues and bring them into compliance with current security and legal requirements. An in-depth examination of the particular clauses and how they were put into practice would be required for a more sophisticated and up-to-date comprehension of the 1962 Arms Rules.
REFERENCES
- NFLIBNET Centre The Arms Rules, 1962 (Nov 21, 2023.) https://ugcmoocs.inflibnet.ac.in/assets/uploads/1/2/18/et/P9_M18200206121202023636.pdf
- Get legal India (Nov 21, 2023.)
https://getlegalindia.com/arms-act/#Indian_Arms_Act_1878/
- I pleaders, Arms Act, 1959. (Nov 22, 2023.)
https://blog.ipleaders.in/possession-of-arms-under-the-arms-act/
- Legal service India, A Brief of Arms Act, 1959 (Nov 22, 2023.) https://www.legalserviceindia.com/legal/article-9690-a-brief-of-arms-act-1959.html/
- Meeseva official portal, Arms Rules 1962 (Nov 22, 2023.) https://ap.meeseva.gov.in/APWebPortal/UserInterface/Citizen/RevenueServices/IssueofArmLicenseConditions.pdf
- Bare Acts Live, Arms Rules !962 (Nov 23, 2023.)
http://www.bareactslive.com/ACA/ACT100.HTM
- Case mine, Arms Rule 1962 (Nov 23, 2023.)
https://www.casemine.com/search/in/arms%2Brule%2B1962
[1] NFLIBNET Centre The Arms Rules, 1962 (Nov 21, 2023.) https://ugcmoocs.inflibnet.ac.in/assets/uploads/1/2/18/et/P9_M18200206121202023636.pdf
[2] Get legal India (Nov 21, 2023.) https://getlegalindia.com/arms-act/#Indian_Arms_Act_1878
[3] Get legal India (Nov 21, 2023.) https://getlegalindia.com/arms-act/#Indian_Arms_Act_1878
[4] I pleaders, Arms Act, 1959. (Nov 22, 2023.)
https://blog.ipleaders.in/possession-of-arms-under-the-arms-act
[5] Legal service India, A Brief of Arms Act, 1959 (Nov 22, 2023.) https://www.legalserviceindia.com/legal/article-9690-a-brief-of-arms-act-1959.html
[6] Meeseva official portal, Arms Rules 1962 (Nov 22, 2023.) https://ap.meeseva.gov.in/APWebPortal/UserInterface/Citizen/RevenueServices/IssueofArmLicenseConditions.pdf
[7] Meeseva official portal, Arms Rules 1962 (Nov 22, 2023.) https://ap.meeseva.gov.in/APWebPortal/UserInterface/Citizen/RevenueServices/IssueofArmLicenseConditions.pdf
[8] Legal service India, The Arms Act in India (Nov 22, 2023.)
https://www.legalserviceindia.com/legal/article-11239-the-arms-act-in-india.html
[9] Bare Acts Live, Arms Rules !962 (Nov 23, 2023.)
http://www.bareactslive.com/ACA/ACT100.HTM
[10] Bare Acts Live, Arms Rules !962 (Nov 23, 2023.) http://www.bareactslive.com/ACA/ACT100.HTM
[11] Case mine, Arms Rule 1962 (Nov 23, 2023.)
https://www.casemine.com/search/in/arms%2Brule%2B1962
[12] Case mine, Arms Rule 1962 (Nov 23, 2023.)
https://www.casemine.com/search/in/arms%2Brule%2B1962
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