Arms Act, 1959

Last updated

The Arms Act, 1959
Emblem of India.svg
Parliament of India
  • An Act to consolidate and amend the law relating to arms and ammunition.
Citation Act No. 54 of 1959
Territorial extent India
Assented tor 1959
Commenced1 October 1962
Status: In force

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. [1] It replaced the Indian Arms Act, 1878.

Contents

The Arms Act was passed in 1959.

Chapters

The act is divided into six chapters. [2]

Current affairs

The Act has undergone many changes since 1959, the most recent being in 2010 through an amendment for the Arms Act. [3] There was also controversy around air guns to be included as part of this act which was rejected by the Supreme Court of India. [4]

Previous legislation

The Indian Arms Act, 1878 was an act regulating the manufacture, sale, possession, and carry of firearms.

Prior to the Indian Rebellion of 1857, there were few gun control laws in Colonial India. [5]

The act included the mandatory licensing to carry a weapon, but contained exclusions for some groups and persons, for instance "all persons of Kodava (Coorg) race". [6]

In a 1918 recruitment leaflet for World War I, Mahatma Gandhi voiced disapproval of the act:

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 If we want the Arms Act to be repealed, if we want to learn the use of arms, here is a golden opportunity.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voluntary help to Government in the hour of its trial, distrust will disappear, and the ban on possessing arms will be withdrawn. [7]

In The New Cambridge History of India: Science, Technology and Medicine in Colonial India , historian David Arnold noted the effect of the British rule on weapons, mining and metallurgy in India: [8]

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 Maratha and 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’.

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; .45 rimless; 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 (DBBL 12 Bore), common firearms are 0.315 bolt-action rifles (magazine capacity of 5 cartridges) and 0.32 Smith&Wesson Long revolvers (chamber capacity of 6 cartridges), 0.35" semi-automatic pistols and 12 Bore pump-action shotguns. [9] [10]

Stun Guns and Tasers

Under Indian Arms Act, 1956 stun guns and tasers require licensing and are considered as prohibited arms under Section 25 (1A) of the Arms Act. [11]

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. [12]

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. [13]

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. [14] [15] 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 (Trident) 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. [16]

See also

Related Research Articles

Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.

<span class="mw-page-title-main">Pepper spray</span> Inflammatory agent

Pepper spray, oleoresin capsicum spray, OC spray, capsaicin spray, or capsicum spray is a lachrymator product containing the compound capsaicin as the active ingredient that irritates the eyes to cause burning and pain sensations, and temporary blindness. Pepper spray is used as a less lethal weapon in policing, riot control, crowd control, and self-defense, including defense against dogs and bears. Its inflammatory effects cause the eyes to close, temporarily taking away vision. This temporary blindness allows officers to more easily restrain subjects and permits people in danger to use pepper spray in self-defense for an opportunity to escape. It also causes temporary discomfort and burning of the lungs which causes shortness of breath.

<span class="mw-page-title-main">Right to keep and bear arms</span> Right of citizens to possess weapons

The right to keep and bear arms is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including security against tyranny, as well as hunting and sporting activities. Countries that guarantee the right to keep and bear arms include the Czech Republic, Guatemala, Ukraine, Mexico, the Philippines, the United States, Yemen, and Switzerland.

In the United Kingdom, access by the general public to firearms is subject to some of the strictest control measures in the world. Subject to licensing, members of the public may own rifles and shotguns. However, most handguns have been banned in Great Britain since the Dunblane school massacre in 1996. Handguns are permitted in Northern Ireland, the Channel Islands and the Isle of Man which have their own legislation. Scotland imposes an additional licensing regime on airguns, which is not mirrored in England and Wales.

<span class="mw-page-title-main">Brass knuckles</span> Weapon used in hand-to-hand combat

Brass knuckles are a melee weapon used primarily in hand-to-hand combat. They are fitted and designed to be worn around the knuckles of the human hand. Despite their name, they are often made from other metals, plastics or carbon fibers and not necessarily brass.

<span class="mw-page-title-main">Ballistic knife</span> Knife with ejectable blade

A ballistic knife is a knife with a detachable blade that can be ejected to a distance of several meters/yards by pressing a trigger or operating a lever or switch on the handle. Spring-powered ballistic knives first appeared in books and press reports on Soviet and Eastern Bloc armed forces in the late 1970s. Commercially-produced ballistic knives briefly gained notoriety in the United States in the mid-1980s after they were marketed and sold in the United States and other Western countries. Since then, the marketing and sale of ballistic knives to civilians has been restricted or prohibited by law in several nations.

<span class="mw-page-title-main">Swordstick</span> Walking stick with a concealed sword

A swordstick or cane-sword is a cane containing a hidden blade or sword. The term is typically used to describe European weapons from around the 18th century. But similar devices have been used throughout history, notably the Roman dolon, the Japanese shikomizue and the Indian gupti.

Gun laws in Pakistan allow for the ownership of firearms in the country by the general population. Pakistan is one of the biggest open firearms markets in the world, and is in the modern era also known for its indigenous gunsmith tradition. The country is famous for producing clones of almost every notable weapon of the world. Although firearms are widely owned, heavy weaponry is permitted only in tribal areas within the province of Khyber Pakhtunkhwa. This includes the circulation of rocket-propelled grenades, short, medium, and long-range rockets, anti-aircraft guns, mortars and other types of firearms.

<span class="mw-page-title-main">Kirpan</span> Blade (knife, dagger, or sword)

The kirpan is a curved, single-edged blade that Khalsa Sikhs are required to wear as part of their religious uniform, as prescribed by the Sikh Code of Conduct. Traditionally, the kirpan was a full-sized talwar sword around 76 cm in length; however, British colonial policies and laws introduced in the 19th century reduced the length of the blade, and in the modern day, the kirpan is typically manifested as a dagger or knife. According to the Sikh Rehat Maryada, "The length of the sword to be worn is not prescribed". It is part of a religious commandment given by Guru Gobind Singh in 1699, founding the Khalsa order and introducing the five articles of faith which must be worn at all times, the kirpan being one of five Ks.

In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Knife legislation is defined as the body of statutory law or case law promulgated or enacted by a government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, transfer, possession, transport, or use of knives.

In Germany, access to guns is controlled by the German Weapons Act which adheres to the European Firearms Directive, first enacted in 1972, and superseded by the law of 2003. This federal statute regulates the handling of firearms and ammunition as well as acquisition, storage, commerce and maintenance of firearms.

<span class="mw-page-title-main">Gun law in the Czech Republic</span> Gun law in the Czech Republic

Gun laws in the Czech Republic in many respects differ from those in other European Union member states (see Gun laws in the European Union). The "right to acquire, keep and bear firearms" is explicitly recognized in the first Article of the Firearms Act. At the constitutional level, the Charter of Fundamental Rights and Freedoms includes the "right to defend one's own life or life of another person also with arms under conditions stipulated by law".

This is a list of laws concerning air guns by country.

<span class="mw-page-title-main">Criminal possession of a weapon</span> Crime

Criminal possession of a weapon is the unlawful possession of a weapon by an individual. It may also be an additional crime if a violent offense was committed with a deadly weapon or firearm.

Gun control in Italy incorporates the political and regulatory aspects of firearms usage in the country within the framework of the European Union's Firearm Directive. Different types of gun licenses can be obtained from the national police authorities. According to a 2007 study by The Small Arms Survey Project, the per capita gun ownership rate in Italy is around 12% with an estimated 7 million registered firearms in circulation.

<span class="mw-page-title-main">Gun laws in New York</span>

Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. These regulations are very strict in comparison to the rest of the United States.

<span class="mw-page-title-main">Gun laws in Illinois</span>

Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.

<span class="mw-page-title-main">Gun laws in Texas</span> Texas gun law

Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.

Indian law allows firearm possession on a may-issue basis. With approximately five civilian firearms per 100 people, India is the 120th civilly most armed country in the world.

References

  1. "Terrorism Legislation Database". Archived from the original on 5 November 2013. Retrieved 2013-07-07.
  2. "Indian Arms Act 1959 - Index". Archived from the original on 15 May 2015. Retrieved 25 April 2015.
  3. "Cabinet approves tougher provisions for Arms Act". Hindustan Times . 15 July 2010. Archived from the original on 25 April 2015. Retrieved 25 April 2015.
  4. Sharma, Shreyas (5 January 2012). "Supreme Court stays order classifying air guns as firearms". India Today. New Delhi, India. Retrieved 25 April 2015.
  5. "Gun Control and Indian Arms Act 1877 During the Days of the Raj".
  6. Punjab (India); Sir Henry Adolphus Byden Rattigan; Alweyne Turner; North-west Frontier Province (India) (1897). The Bengal regulations: the acts of the governor-general in council, and the frontier regulations ... applicable to the Punjab, with notes and an index. Civil and Military Gazette Press. pp. 1189–. Retrieved 22 July 2011.
  7. "What Gandhi really thought about guns". 4 February 2013.
  8. Arnold, 100-101
  9. https://ddpdoo.gov.in/product/products/category/civil-trade---arms-details
  10. https://www.legalserviceindia.com/legal/article-625-law-on-firearm.html#:~:text=The%20Arms%20Act%20classifies%20firearms,fire%20ammunition%20of%20the%20caliber%20.
  11. LIMITED, MYADVO TECHSERVE PRIVATE. "Is Stun Gun Legal in India as the Air Gun?". MyAdvo.in. Retrieved 21 July 2023.
  12. Smith, Mr (30 March 2023). "India Knife Laws - Things To Know Before Purchasing Or Using A Knife". Homestead Authority. Retrieved 21 July 2023.
  13. "Carry pepper spray for safety: Cops. Not allowed on the Metro!: CISF". The Times of India. 14 January 2017. ISSN   0971-8257 . Retrieved 21 July 2023.
  14. Smith, Mr (30 March 2023). "India Knife Laws - Things To Know Before Purchasing Or Using A Knife". Homestead Authority. Retrieved 21 July 2023.
  15. "Nihangs: All You Need To Know About This Sikh Sect" . Retrieved 21 July 2023.
  16. "Is it legal to carry weapons in processions | Explainer".