Arms Act, 1959 - Revision history

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	==See also==		==See also==
	~~{{Portal\|India}}~~
	* [[Gun law in India]]		* [[Gun law in India]]
	* [[Anti-terrorism legislation]]		* [[Anti-terrorism legislation]]

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	{{use dmy dates\|date=March ~~2016~~}}		{{use dmy dates\|date=March 2022}}
	{{use Indian English\|date=March ~~2016~~}}		{{use Indian English\|date=March 2022}}
	{{Infobox legislation		{{Infobox legislation
	\|short_title = The Arms Act, 1959		\|short_title = The Arms Act, 1959
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	\|imagealt = Arms Act, 1959		\|imagealt = Arms Act, 1959
	\|long_title = An Act to consolidate and amend the law relating to arms and ammunition.		\|long_title = An Act to consolidate and amend the law relating to arms and ammunition.
	\|citation = [~~http~~://~~artassam~~.~~nic~~.in/~~Home%20Department~~/~~The%20Arms%20Act%201959~~.pdf Act No. 54 of 1959]		\|citation = [https://legislative.gov.in/sites/default/files/A1959-54_0.pdf Act No. 54 of 1959]
	\|territorial_extent = [[India]]		\|territorial_extent = [[India]]
	\|date_assented = ~~23 December~~ 1959		\|date_assented = r 1959
	\|date_commenced = 1 October 1962		\|date_commenced = 1 October 1962
	\|status = in force		\|status = in force
	}}		}}

	'''The Arms Act, 1959''' is an [[Act of Parliament\|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.<ref>{{cite web\|url=https://www.unodc.org/tldb/showDocument.do?documentUid%3D6926 \|title=~~Archived copy~~ \|access-date=2013-07-07 \|url-status=dead \|archive-url=https://web.archive.org/web/20131105001553/https://www.unodc.org/tldb/showDocument.do?documentUid=6926 \|archive-date=5 November 2013 \|df=dmy }}</ref> It replaced the Indian Arms Act, 1878.		'''The Arms Act, 1959''' is an [[Act of Parliament\|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.<ref>{{cite web\|url=https://www.unodc.org/tldb/showDocument.do?documentUid%3D6926 \|title=Terrorism Legislation Database \|access-date=2013-07-07 \|url-status=dead \|archive-url=https://web.archive.org/web/20131105001553/https://www.unodc.org/tldb/showDocument.do?documentUid=6926 \|archive-date=5 November 2013 \|df=dmy }}</ref> It replaced the [[Indian Arms Act, 1878]].

	The Arms Act was passed in 1959.		The Arms Act was passed in 1959.
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	==Current affairs==		==Current affairs==
	The Act has undergone many changes since 1959, the most recent being in 2010 through an amendment for the Arms Act.<ref>{{cite news \|url=http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|archive-url=https://archive.today/20150425213303/http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|url-status=dead \|archive-date=25 April 2015 \|title=Cabinet approves tougher provisions for Arms Act \|work=[[Hindustan Times]] \|date=15 July 2010 \|access-date=25 April ~~2015~~}}</ref> There was also controversy around air ~~guns~~ to be included as part of this act which was rejected by the Supreme Court of India.<ref>{{cite news \|first=Shreyas \|last=Sharma \|url=http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html \|title=Supreme Court stays order classifying air guns as firearms \|location=New Delhi, India \|date=5 January 2012 \|work=India Today \|access-date=25 April ~~2015~~}}</ref>		The Act has undergone many changes since 1959, the most recent being in 2010 through an amendment for the Arms Act.<ref>{{cite news \|url=http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|archive-url=https://archive.today/20150425213303/http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|url-status=dead \|archive-date=25 April 2015 \|title=Cabinet approves tougher provisions for Arms Act \|work=[[Hindustan Times]] \|date=15 July 2010 \|access-date=25 April 2022}}</ref> There was also controversy around [[air gun]]s to be included as part of this act which was rejected by the Supreme Court of India.<ref>{{cite news \|first=Shreyas \|last=Sharma \|url=http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html \|title=Supreme Court stays order classifying air guns as firearms \|location=New Delhi, India \|date=5 January 2012 \|work=India Today \|access-date=25 April 2022}}</ref> [[Semi-automatic firearm\|Semi-automatic]] and [[automatic firearm]]s are illegal to posses by civilians.

	==Previous legislation==		==Previous legislation==
	The [[Indian Arms Act, 1878]] was an act regulating the manufacture, sale, possession, and carry of [[~~firearms~~]].		The Indian Arms Act, 1878 was an act regulating the manufacture, sale, possession, and carry of [[firearm]]s.

	Prior to the Indian ~~Mutiny~~ of 1857 ~~(these days referred to in India as the First War of Independence)~~, there were few gun control laws in India.<ref>https://statutory-law.knoji.com/gun-control-and-indian-arms-act-1877-during-the-days-of-the-raj/</ref>		Prior to the [[Indian Rebellion of 1857]], there were few gun control laws in [[Colonial India]].<ref>{{Cite web\|url=https://statutory-law.knoji.com/gun-control-and-indian-arms-act-1877-during-the-days-of-the-raj/\|title=Gun Control and Indian Arms Act 1877 During the Days of the Raj}}</ref>

	The act included the mandatory licensing to carry a weapon, but contained exclusions for some groups and persons, for instance "all persons of [[Kodava people\|Kodava]] ([[Coorg]]) race".<ref name="(India)Rattigan1897">{{cite book\|author1=Punjab (India)\|author2=Sir Henry Adolphus Byden Rattigan\|author3=Alweyne Turner\|author4=North-west Frontier Province (India)\|title=The Bengal regulations: the acts of the governor-general in council, and the frontier regulations ... applicable to the Punjab, with notes and an index\|url=https://books.google.com/books?id=gQobAAAAYAAJ&pg=PA1189\|access-date=22 July 2011\|year=1897\|publisher=Civil and Military Gazette Press\|pages=1189–}}</ref>		The act included the mandatory licensing to carry a weapon, but contained exclusions for some groups and persons, for instance "all persons of [[Kodava people\|Kodava]] ([[Coorg]]) race".<ref name="(India)Rattigan1897">{{cite book\|author1=Punjab (India)\|author2=Sir Henry Adolphus Byden Rattigan\|author3=Alweyne Turner\|author4=North-west Frontier Province (India)\|title=The Bengal regulations: the acts of the governor-general in council, and the frontier regulations ... applicable to the Punjab, with notes and an index\|url=https://books.google.com/books?id=gQobAAAAYAAJ&pg=PA1189\|access-date=22 July 2011\|year=1897\|publisher=Civil and Military Gazette Press\|pages=1189–}}</ref>

	In a 1918 recruitment leaflet for [[World War I]], [[Gandhi]] voiced disapproval of the act:<ref>http://wagingnonviolence.org/feature/what-gandhi-really-thought-about-guns/</ref><blockquote>“Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest. If we want the Arms Act to be repealed, if we want to learn the use of arms, here is a golden opportunity. If the middle classes render voluntary help to Government in the hour of its trial, distrust will disappear, and the ban on possessing arms will be withdrawn.”</blockquote>		In a 1918 recruitment leaflet for [[World War I]], [[Mahatma Gandhi]] voiced disapproval of the act:<ref>{{Cite web\|url=http://wagingnonviolence.org/feature/what-gandhi-really-thought-about-guns/\|title=What Gandhi really thought about guns\|date=4 February 2022}}</ref><blockquote>“Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest. If we want the Arms Act to be repealed, if we want to learn the use of arms, here is a golden opportunity. If the middle classes render voluntary help to Government in the hour of its trial, distrust will disappear, and the ban on possessing arms will be withdrawn.”</blockquote>

	In ''[[The New Cambridge History of India]]: Science, Technology and Medicine in Colonial India'', ~~scholar~~ David Arnold ~~examines~~ the effect of the [[British ~~Raj]]~~ on ~~Indian~~ weapons, mining and metallurgy:<ref name=Arnold>Arnold, 100-101</ref>		In ''[[The New Cambridge History of India#The Indian Empire and the Beginnings of Modern Society\|The New Cambridge History of India: Science, Technology and Medicine in Colonial India]]'', historian [[David Arnold (historian)\|David Arnold]] noted the effect of the British rule on weapons, mining and metallurgy in India:<ref name=Arnold>Arnold, 100-101</ref>

	{{~~Quote~~\|The British were aware of the part metal-working had played in supporting indigenous powers in the past through the production of arms and ammunition, and, just as they introduced an Arms Act in 1878 to restrict Indian access to firearms, so they sought to limit India’s ability to mine and work metals that might sustain it in future wars and rebellions. This was especially the case with [[Rajasthan]], a region rich in metals. In the 1820s [[James Tod]] identified the ‘mines of [[Mewar]]’ as one of the means that had enabled its masters ‘so long to struggle against superior power, and to raise those magnificent structures which would do honour to the most potent kingdoms of the west’. Indian skill in the difficult art of casting brass cannon had made Indian artillery a formidable adversary from the reign of Akbar to the [[Anglo-Maratha ~~wars~~\|Maratha]] and [[Anglo-Sikh wars\|Sikh]] ~~wars~~ 300 years later. But by the early 19th century most of the mines in Rajasthan had been abandoned: the caste of miners was ‘extinct’.}}		{{Blockquote\|The British were aware of the part metal-working had played in supporting indigenous powers in the past through the production of arms and ammunition, and, just as they introduced an Arms Act in 1878 to restrict Indian access to firearms, so they sought to limit India’s ability to mine and work metals that might sustain it in future wars and rebellions. This was especially the case with [[Rajasthan]], a region rich in metals. In the 1820s [[James Tod]] identified the ‘mines of [[Mewar]]’ as one of the means that had enabled its masters ‘so long to struggle against superior power, and to raise those magnificent structures which would do honour to the most potent kingdoms of the west’. Indian skill in the difficult art of casting brass cannon had made Indian artillery a formidable adversary from the reign of Akbar to the [[Anglo-Maratha Wars (disambiguation)\|Maratha]] and [[Anglo-Sikh wars (disambiguation)\|Sikh wars]] 300 years later. But by the early 19th century most of the mines in Rajasthan had been abandoned: the caste of miners was ‘extinct’.}}

			==Stun Guns==
			Under Indian Arms Act, 1956 [[stun gun]]s and [[taser]]s require licensing and are considered as ''prohibited arms'' under Section 25 (1A) of the Arms Act.<ref>http://lawzilla.in/india-needs-to-know/taser-and-stun-guns-in-india-are-they-legal/#:~:text=As%20per%20the%20Indian%20Arms,to%20be%20'prohibited%20arms'.</ref>

			==Edged weapons and bows==
			[[Edged weapon]]s like [[sword]]s, [[machete]]s, [[dagger]]s, [[spear]]s and ranged weapons like [[crossbow]]s and [[bow and arrow]]s require license under the Arms Act.<ref>https://bangaloremirror.indiatimes.com/bangalore/crime/karnataka-ngo-head-accused-of-milking-funds-meant-for-trafficked-women/articleshow/63033405.cms</ref> Open carrying of edged weapons and bows is illegal except for [[Nihang]] [[Sikh]]s after obtaining a license under the Arms Act, and the [[Gurkha]] community is allowed to open carry [[khukri]]s and the [[Kodava people\|Kodava]] community is allowed to carry swords, bows and even [[firearm]]s without license but only within the [[Kodagu district]]. In 2004 the [[Ananda Marga]] sect have been allowed to carry [[Trishula]]s ([[Trident]]) 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.<ref>https://www.indiatoday.in/india/story/is-it-legal-to-carry-weapons-in-processions-explainer-1938954-2022-04-18</ref>

	==See also==		==See also==
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	==References==		==References==
	{{reflist\|2}}		{{reflist\|2}}

	~~{{Indian legislations}}~~

	[[Category:Terrorism laws in India\|India]]		[[Category:Terrorism laws in India\|India]]
	[[Category:Firearm laws]]		[[Category:Firearm laws]]
	[[Category:Law in India]]		[[Category:Law of India]]
	[[Category:Acts of the Parliament of India 1959]]		[[Category:Acts of the Parliament of India 1959]]

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Rescued 1 archive link. Wayback Medic 2.5

← Older revision		Revision as of 06:20, 9 August 2021
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	==Current affairs==		==Current affairs==
	The Act has undergone many changes since 1959, the most recent being in 2010 through an amendment for the Arms Act.<ref>{{cite news \|url=http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|title=Cabinet approves tougher provisions for Arms Act \|work=[[Hindustan Times]] \|date=15 July 2010 \|access-date=25 April 2015}}</ref> There was also controversy around air guns to be included as part of this act which was rejected by the Supreme Court of India.<ref>{{cite news \|first=Shreyas \|last=Sharma \|url=http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html \|title=Supreme Court stays order classifying air guns as firearms \|location=New Delhi, India \|date=5 January 2012 \|work=India Today \|access-date=25 April 2015}}</ref>		The Act has undergone many changes since 1959, the most recent being in 2010 through an amendment for the Arms Act.<ref>{{cite news \|url=http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|archive-url=https://archive.today/20150425213303/http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx \|url-status=dead \|archive-date=25 April 2015 \|title=Cabinet approves tougher provisions for Arms Act \|work=[[Hindustan Times]] \|date=15 July 2010 \|access-date=25 April 2015}}</ref> There was also controversy around air guns to be included as part of this act which was rejected by the Supreme Court of India.<ref>{{cite news \|first=Shreyas \|last=Sharma \|url=http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html \|title=Supreme Court stays order classifying air guns as firearms \|location=New Delhi, India \|date=5 January 2012 \|work=India Today \|access-date=25 April 2015}}</ref>

	==Previous legislation==		==Previous legislation==

92.9.16.100: /* Previous legislation */

2021-06-21T17:03:13Z

Previous legislation

New page

{{use dmy dates|date=March 2016}}
{{use Indian English|date=March 2016}}
{{Infobox legislation
|short_title = The Arms Act, 1959
|legislature = [[Parliament of India]]
|imagesize = 100
|imagealt = Arms Act, 1959
|long_title = An Act to consolidate and amend the law relating to arms and ammunition.
|citation = [http://artassam.nic.in/Home%20Department/The%20Arms%20Act%201959.pdf Act No. 54 of 1959]
|territorial_extent = [[India]]
|date_assented = 23 December 1959
|date_commenced = 1 October 1962
|status = in force
}}

'''The Arms Act, 1959''' is an [[Act of Parliament|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.<ref>{{cite web|url=https://www.unodc.org/tldb/showDocument.do?documentUid%3D6926 |title=Archived copy |access-date=2013-07-07 |url-status=dead |archive-url=https://web.archive.org/web/20131105001553/https://www.unodc.org/tldb/showDocument.do?documentUid=6926 |archive-date=5 November 2013 |df=dmy }}</ref> It replaced the Indian Arms Act, 1878.

The Arms Act was passed in 1959.

==Chapters==
The act is divided into six chapters.<ref>{{cite web|url=http://gunaccessory.com/laws/arms_act.htm|title=Indian Arms Act 1959 - Index|access-date=25 April 2015|archive-url=https://web.archive.org/web/20150515040829/http://gunaccessory.com/laws/arms_act.htm|archive-date=15 May 2015|url-status=dead}}</ref>
* Chapter I: Preliminary (Section 1 & 2)
*: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 (Section 3 to 12)
*: 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 (Section 13 to 18)
*: Details how to procure license, rules around grant, refusal, fees for license.
* Chapter IV: Powers and Procedure (Section 19 to 24B)
*: Provides details on the powers that the government officials have to enforce this act.
* Chapter V: Offences and penalties (Section 25 to 33)
*: Explains punishments associated with breaking rules related to this act.
* Chapter VI: Miscellaneous (Section 34 to 46)
*: 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.<ref>{{cite news |url=http://www.hindustantimes.com/newdelhi/cabinet-approves-tougher-provisions-for-arms-act/article1-572716.aspx |title=Cabinet approves tougher provisions for Arms Act |work=[[Hindustan Times]] |date=15 July 2010 |access-date=25 April 2015}}</ref> There was also controversy around air guns to be included as part of this act which was rejected by the Supreme Court of India.<ref>{{cite news |first=Shreyas |last=Sharma |url=http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html |title=Supreme Court stays order classifying air guns as firearms |location=New Delhi, India |date=5 January 2012 |work=India Today |access-date=25 April 2015}}</ref>

==Previous legislation==
The [[Indian Arms Act, 1878]] was an act regulating the manufacture, sale, possession, and carry of [[firearms]].

Prior to the Indian Mutiny of 1857 (these days referred to in India as the First War of Independence), there were few gun control laws in India.<ref>https://statutory-law.knoji.com/gun-control-and-indian-arms-act-1877-during-the-days-of-the-raj/</ref>

The act included the mandatory licensing to carry a weapon, but contained exclusions for some groups and persons, for instance "all persons of [[Kodava people|Kodava]] ([[Coorg]]) race".<ref name="(India)Rattigan1897">{{cite book|author1=Punjab (India)|author2=Sir Henry Adolphus Byden Rattigan|author3=Alweyne Turner|author4=North-west Frontier Province (India)|title=The Bengal regulations: the acts of the governor-general in council, and the frontier regulations ... applicable to the Punjab, with notes and an index|url=https://books.google.com/books?id=gQobAAAAYAAJ&pg=PA1189|access-date=22 July 2011|year=1897|publisher=Civil and Military Gazette Press|pages=1189–}}</ref>

In a 1918 recruitment leaflet for [[World War I]], [[Gandhi]] voiced disapproval of the act:<ref>http://wagingnonviolence.org/feature/what-gandhi-really-thought-about-guns/</ref><blockquote>“Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest. If we want the Arms Act to be repealed, if we want to learn the use of arms, here is a golden opportunity. If the middle classes render voluntary help to Government in the hour of its trial, distrust will disappear, and the ban on possessing arms will be withdrawn.”</blockquote>

In ''[[The New Cambridge History of India]]: Science, Technology and Medicine in Colonial India'', scholar David Arnold examines the effect of the [[British Raj]] on Indian weapons, mining and metallurgy:<ref name=Arnold>Arnold, 100-101</ref>

{{Quote|The British were aware of the part metal-working had played in supporting indigenous powers in the past through the production of arms and ammunition, and, just as they introduced an Arms Act in 1878 to restrict Indian access to firearms, so they sought to limit India’s ability to mine and work metals that might sustain it in future wars and rebellions. This was especially the case with [[Rajasthan]], a region rich in metals. In the 1820s [[James Tod]] identified the ‘mines of [[Mewar]]’ as one of the means that had enabled its masters ‘so long to struggle against superior power, and to raise those magnificent structures which would do honour to the most potent kingdoms of the west’. Indian skill in the difficult art of casting brass cannon had made Indian artillery a formidable adversary from the reign of Akbar to the [[Anglo-Maratha wars|Maratha]] and [[Anglo-Sikh wars|Sikh]] wars 300 years later. But by the early 19th century most of the mines in Rajasthan had been abandoned: the caste of miners was ‘extinct’.}}

==See also==
{{Portal|India}}
* [[Gun law in India]]
* [[Anti-terrorism legislation]]
* [[Prevention of Terrorism Act, 2002]]
* [[Terrorist and Disruptive Activities (Prevention) Act]]

{{Clear}}

==References==
{{reflist|2}}

{{Indian legislations}}

[[Category:Terrorism laws in India|India]]
[[Category:Firearm laws]]
[[Category:Law in India]]
[[Category:Acts of the Parliament of India 1959]]