Ayushi Budholia
Published on: 14 August 2022 at 22:53 IST
INTRODCUTION
The Arms Act of 1959 was not the first attempt to regulate the use of arms. It was enacted with the object of consolidating and amending the laws relating to arms and ammunition in order to curb illegal weapons and violence stemming from them.
The first Act which was enacted in India was by the British Parliament in 1857. It was during the Sepoy Mutiny, or First War of Independence, of 1857 when the Britishers felt the need to enact this Act. This unsettling event during colonial times involved the introduction of the infamous Enfield rifle by the British for use by the Indian sepoys. In order to use the rifle, however, the sepoys had to bite off the lubricated cartridges, which were greased with a mixture of pig and cow lard.
This was a tactic to insult the religious sentiments of Muslims and Hindus, respectively, and caused mass violence and discontent among the Indian sepoys. This gave momentum to the sepoys to unite and cause a violent uprising against the British officials. To prevent such an uprising in the future, the British Parliament enacted the Indian Arms Act, 1878.
The Indian Arms Act, 1878 defines ‘arms’ as:
“arms includes fire-arms, bayonets, swords, daggers, spears, spears-heads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms.” This definition included fire-arms and sharp-edged weapons and continued till the Act was replaced by the Arms Act, 1959.
The Act was replaced by the Arms Act of 1959. This was the first Arms Act enacted by independent India. The Arms Rules were passed in 1962 were also passed to assist and enforce the provisions of the 1959 Act.
The Section 2(c) of the Arms Act, 1959 define arms as:
“arms mean articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;”
PROVISIONS RELATED TO LICENSES UNDER THE ARMS ACT
The Arms Act of 1959 was enacted by repealing the Indian Arms Act of 1878. This Act, in a way, overcomes all the criticism faced by the 1878 Act. The Act is divided into VI Chapters and contains 46 Sections.
The provisions related to licenses are given under Chapter II and Chapter III of the Act. Section 3 of the Act makes it compulsory for a person to have a license in order to possess any firearm or ammunition. However, it provides an exception that a person may, without himself holding a license, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the license for repair or for renewal of the license, or for use by such holder.
The section provides that a person can carry no more than three firearms at a time. The exception to this is given under sub-section(3) of Section 3 of the Act. It provides that any dealer in firearms or any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22-bore rifle or an air rifle for target practice can carry more than three firearms at a time.
The section further provides that those who possess more than three firearms at the commencement of the Arms (Amendment) Act, 1983, should deposit the firearms which are in excess with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armory referred to in that sub-section.
Section 5 of the Act makes it necessary to hold a licence for the manufacture and sale of firearms or any other arms and ammunition. However, a person may, without holding a license on this behalf, sell or transfer any arms and ammunition which he lawfully possesses for his own private use to another person who is entitled to having in his possession such arms and ammunition.
Section 6 of the Act provides for the license for the shortening of guns or the conversion of imitation firearms into firearms.
In order to obtain a license, the person shall, in accordance with Section 13 of the Act, make an application for the grant of a license to the appropriate licensing authority. On receipt of such an application, the licensing authority shall call for the report of the officer in charge of the nearest police station. Such an officer shall send his report within the prescribed time.
After the receipt of such a report, the licensing authority can make the necessary inquiry and can order in writing to either grant the license or refuse to grant the same.
The licensing authority has the power to deny an individual the license to possess arms under the following conditions of Section 14 of the Act –
1. If the individual is already prohibited under the provisions of this Act or under any other law currently in force from possessing any arms and ammunition, or
2. If the individual is found to be of unsound mind or age of minority.
Section 15 of the Act provides for the duration and renewal of the license. It provides that a license can be issued by the licensing authority for a period of three years. It can also be issued for a shorter period if demanded by the person concerned.
The sub-section (3) of Section 15 provides that every license can be renewed for the same period for which the license was originally granted and shall be so renewed from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a license as they apply to the grant thereof.
JUDICIAL DECISIONS
Joint Possession of Premises and Liability
- Pabitar Singh vs. State of Bihar, AIR 1972 S.C. 1899
Where a room of a quarter was in joint possession of two persons and one of them was not present at the time of raid, the mere presence of the other in that room was not sufficient to make him guilty of the offence unless the court comes to the conclusion that there was reason to believe that he was aware of the existence of the gun in that room.
Possession and Recovery Under Section 27 of the Evidence Act, 1872- Actual and Constructive Possession
- Gunwant Lai vs. State of M.P, AIR 1972 S.C. 1756
The court also got an opportunity to explain the meaning of possession under section 3 of the Act. It pointed out that it is not essential to show that the person charged was in physical possession of the arms.
The precondition for an offence under section 25(1) (a) is the element of intention, consciousness or knowledge with which a person possesses the fire-arm; that possession need not be physical possession but can be constructive, having power and control over the gun.
In any disputed question, specific facts admitted or proved will alone establish the existence of a de facto relation of control or the dominion of the person over it necessary to determine whether that person was or was not in possession of the thing in question.
Carrying of Kripan
- State of U.P. vs. Munna, 1973 Cr. L.J. 1708 (All.)
It was held that possession of kirpan cannot be an offence unless a notification has been issued by the Central Government under section 4 of the Arms Act, 1959.
CONCLUSION
The British Parliament enacted the first Act regulating the use and possession of arms in India in 1857 after the Sepoy Mutiny, or the First War of Independence. Later on, the Indian Arms Act of 1878 was enacted. To address the shortcomings of that Act, the Arms Act of 1959 was enacted.
The Act is divided into VI chapters and contains 46 Sections.
Section 3 of the Act makes it compulsory for a person to have a license in order to possess any firearm or ammunition.
Section 5 of the Act makes it necessary to hold a license for the manufacture and sale of firearms or any other arms and ammunition.
Section 6 of the Act provides for the license for the shortening of guns or the conversion of imitation firearms into firearms.
Section 13 of the Act provides for the procedure for the grant of a license. Section 14 of the Act provides for the refusal of the license and the conditions for such a refusal. The duration for which a license can be issued is three years or shorter, as provided under Section 15 of the Act.
ABOUT THE AUTHOR
Ayushi Budholia is a third-year, B.A.LL.B student of Lloyd Law College, Greater Noida.
Reference
- Arms Act, 1959
- Pabitar Singh vs. State of Bihar
- Gunwant Lal vs. State of M.P
- State of U.P. vs. Munna