Updated: Sunday November 22, 2009/AlAhad Thoul Hijjah 05, 1430/Ravivara Agrahayana 01, 1931, at 08:57:21 PM

The Arms’ Act, 1878

 

Sections

Contents

 

 

Preamble

 

 

I.‑PRELIMINARY

 

1

Short title, local  extent

 

2

Commencement

 

3

Replead

 

4

Interpretation‑clause

 

 

II.‑MANUFACTURE, CONVERSION AND SALE

 

5

Unlicensed manufacture, conversion and sale prohibited

 

 

III.‑IMPORT, EXPORT AND TRANSPORT

 

6

Unlicensed importation and exportation prohibited

 

7

Sanction of Central Government required to warehousing of arms, etc.

 

8

Repealed

 

9

Repealed

 

10

Power to prohibit transport

 

11

Power to establish searching stations

 

12

Arrest of persons conveying arms, etc

 

 

IV.‑GOING ARMED AND POSSESSING ARMS, ETC.

 

13

Prohibition of going armed without license

 

14

Unlicensed possession of fire‑arms, etc

 

15

Possession of arms of any description without license prohibited in certain places

 

16

In certain cases arms to be deposited at police‑stations or with licensed dealers.

 

 

V. LICENCES

 

17

Power to make rules as to licenses

 

18

Canceling and suspension of license

 

 

VI.‑PENALTIES

 

19

For breach of sections 5, 6, 10, 13 to 17 

 

20

For secret breaches of sections 5, 6, 10, 14 and 15

 

21

For breach of license

 

22

For knowingly purchasing arms, etc., from unlicensed person. For delivering arms, etc., to person not authorized to possess them

 

23

Penalty for breach of rule

 

24

Power to confiscate

 

 

VII.‑MISCELLANEOUS

 

25

Search and seizure by Magistrate

 

26

Seizure and detention by appropriate Government

 

27

Power to exempt

 

28

Information to be given regarding offences

 

29

Sanction required to certain proceedings under section 19, clause (f)

 

30

Searches in the case of offences against section 19, clause (f), how conducted

 

31

Operation of other laws not barred

 

32

Power to take census of fire‑arms

 

33

Notice and limitation of proceedings

 

 

First Schedule

 

 

Second Schedule

 

 

The Arms’ Act, 1878

ACT No. XI OF 1878

 

15th March.1878

 

An Act to consolidate and

amend the law relating to Arms, Ammunition and military Stores.

 

WHEREAS it is expedient to consolidate and amend the law relating to arms, ammunition and military stores; It is hereby enacted as follows:‑

Statement of Objects and Reasons

(For the Statement of Objects and Reasons, see Gazette of India, 1877, Pt. V, p. 650; for discussions in Council, see ibid., 1877, Supplement, pp. 3016 and 3030; ibid., 1878, Supplement, pp. 435 and 453.

Entrustment of functions

The functions of the Central Government under certain provisions of this Act, subject to certain conditions, were entrusted to‑

 

(a)           Provincial Governments with their consent, for a period of three years (with effect from the 1st April, 1951), see Gaz. of P., 1951, Pt. I, p. 181; and

 

(b)           The Chief Commissioner of Karachi, for the period 28th April, 1952 to 31st March, 1957, see Gaz. of P., 1954, Pt. I, p. 136.

 

Act applied to‑

(i)            Baluchistan by Regulation III of 1940 with certain restrictions and modifications.

 

(ii)           Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.‑W.F.P., subject to certain modifications; see N.‑W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

 

(iii)          Excluded Area of Upper Tanawal other than Phulera, by the N: W. F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951; see N: W.F.P. Gazette, Ext., dated 1st June, 1951 ;and

 

(iv)          The Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and applied in the Federated Areas of Baluchistan; see Gazette of India, 1937, Pt. I, p. 1499.

 

Extent

It has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of 1953), as amended.

                The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Applica­tion of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.

                It is in force throughout the province of Assam except the Lushai Hills, see Notification No. 2443‑T., dated the 1st June, 1914, Assam Gazette, 1914, Pt. II, p. 843.

                A license granted under the Explosives Act, 1884 (4 of 1884), for the manufacture, possession, sale, transport or importation of an explosive may be given the effect of a like license granted under the Arms Act, 1878 (11 of 1878), see Act 4 of 1884, s. 15.

                As to the possession, manufacture and export of arms, ammunition and gun‑powder in the Chittagong Hill Tracts, see the Chittagong Hill Tracts Re­gulation, 1900 (1 of 1900), ss. 11 and 12.

                As to further law relating to unlawful manufacture and possession of explo­sive substances, see the Explosive Substances Act, 1908 (6 of 1908), ss 4 (b) and 5.

                This Act has been repealed in its application to the Province of West Pakistan except certain provisions by West Pakistan Ordinance 20 of 1965, s. 29 (with effect from the 8th June, 1965).

                The Act has been amended in Bengal by the Bengal Criminal Law (Arms and Explosives) Act, 1932 (Ben. 21 of 1932), and the Bengal Criminal Law (Amendment) Act, 1934 (Ben. 7 of 1934); and in the N.‑W.F.P. by the Indian Arms (N.‑W.F.P. Arndt.) Act, 1934 (N.‑W.F.P. 1 of 1934) and Sind Act 10 of 1953 s. 12.)

I.‑PRELIMINARY

 

1.             Short title, local extent and commencement:--- This act may be called the Arms Act, 1878; and it extends to the whole of Pakistan.

 Savings:-- But nothing herein contained shall apply to--

 (a)           arms, ammunition or military stores on board, any sea going vessel and forming part of her ordinary armament or equipment, or  

 

(b)           The manufacture, conversion, sale, Import, export, transport, bearing or possession of arms, ammunition or military stores by order of the Central Government or any provincial government, or by a public servant or a member of the forces constituted by the Pakistan Territorial Force Act, 1950 in the Course of his duty as such public servant or member .    

 

2.             Commencement. This Act shall come into force on such day 1[ as the 2[Cen­tral Government] by notification in the 3 [official Gazette] appoints.

 

Legal amendments

                1.             1st October 1878‑see Gazette of India, 1878, Pt. I, p. 389.

                2.             Subs. by A. .O., 1937, for "G. G. in C..

  3.             Subs. ibid., for "Gazette of India".

 

3.             1[REPLEAD]

 

Legal amendments

1.             Rep. by the Repealing Act, 1938 (1 of 1938), S. 2 and Sch.

               

4.             Interpretation‑clause.---In this Act, unless there be something repugnant in the subject or context,‑

 

"Cannon" includes also all howitzers, mortars, wall‑pieces, mitrailleuses and other ordnance and machine‑guns, all parts of the same, and all carriages, platforms and appliances for mounting, transporting and serving the same:

 

["Appropriate Government" 1[means, in relation to matters enumerated in the Third Schedule to the Constitution, the Central Government and, in relation to other matters, the Provincial Government:]

 

"arms" includes fire‑arms, bayonets, swords, daggers, spears, spearheads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms

 

"ammunition" includes also all articles specially designed for torpedo service and submarine mining, rockets, gun‑cotton, dynamite, lithofracteur and other explo­sive or fulminating material, gun‑flint, gun‑wads, per­cussion‑caps, fuses and friction‑tubes, all parts of ammunition and all machinery for manufacturing ammunition, but does not include lead, sulphur or salt­ petre

 

"military stores", in any section of this Act as applied to any part of 2[Pakistan] may from time to time, by notification in the 3[official Gazette], specially extend such section in such part, and includes also all lead, sulphur, saltpeter and other material to which the 4[Central Government] may from time to time so extend such section:

 

"license" means a license granted under this Act, and "licensed" means holding such license.

 

Legal Amendments

1.             The definition was ins. by A. O., 1964, Art. 2 and Sch.)

2.             Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the Provinces and the Capital of the Federation" which had been subs. by A. O., 1949, Arts, 3(2) and 4, for "British India.") [Pakistan], means any military stores to which the (Subs. by A. O., 1937, for "G. G. in C.

                3.             (Subs. ibid., for "Gazette of India".)

                4.             (Subs. by A. O., 1937, for "G. G. in C.")

II.‑MANUFACTURE, CONVERSION AND SALE

 5.             Unlicensed manufacture, conversion and sale prohibited.--No person shall manufacture, convert or sell, or keep, offer or expose for sale, any arms, ammunition or military stores, except under a license and in the manner and to the extent per­mitted thereby.

                Nothing herein contained shall prevent any, person from selling any arms or ammunition which he lawfully possesses for his own private use to any person who is not by any enactment for the time being in force prohibited from possessing the same ; but every person so selling arms or ammunition to any person other than a person entitled to possess the same by reason of an exemption under section 27 of this Act shall, without unnecessary delay, give to the Magistrate of the district, or to the officer in charge of the nearest police‑station, notice of the sale and of the purchaser's name and address.

III.‑IMPORT, EXPORT AND TRANSPORT

6.             Unlicensed importation and exportation prohibited. No person shall bring or take by sea or by land into or out of [Pakistan] any arms, ammunition or military stores except under a license and in the manner and to the extent permitted by such license.

                Importation and exportation of arms and ammunition for private use. Nothing in the first clause of this section extends to arms (other than cannon) or ammunition imported or exported in rea­sonable quantities for his own private use by any person lawfully entitled to possess such arms or ammunition; but the Collector of Customs or any other officer empowered by the 1[Central Government] in this behalf by name or in virtue of his office may at any time detain such arms or ammunition until he receives the orders of the 2[Central Government] thereon.

                Explanation.‑Arms, ammunition and military stores taken from one part of [Pakistan] to another by sea or across inter­vening territory not being part of [Pakistan] are taken out of and brought into [Pakistan] within the meaning of this section.

 

Legal Amendments

1.             (Subs. by A. O., 1937, for "L. G.".)

              2.             (Subs. by A. O., 1937, for "L. G.".)

 

7.             Sanction of Central Government required to warehousing of arms, etc.-- Notwithstanding anything contained in the Sea‑Customs Act, 1878, no arms, ammunition or military stores shall be de­posited in any warehouse licensed under section 16 of that Act without the sanction of the 1[Central Government]. VIII of 1878.

 

Legal Amendments

                1.             Subs. by A. O., 1937, for "L. G.          

 

8.             [Levy of duties on arms, etc., imported by sea.] 1[Repealed.]

 

Legal amendments

                1.             Rep. by the Amending Act, 1891 (XII of 1891).

 

9.             [Power to impose duty on import by land.] 1[Repealed.]

 

Legal amendments

                1.             Rep. By the Amending Act, 1891 (XII of 1891).

 

10.          Power to prohibit transport. The 1["Central Government" may, from time to time, by notification in the 2[official Gazette],‑

 

(a)           regulate or prohibit the transport of any description of arms, ammunition or military stores over (See foot‑note 2 on page 396, supra.) [the whole of Pakistan] or any part thereof, either altogether or except under a license and to the extent in the manner permitted by such license, and

 

 (b)          cancel any such notification.

 Transhipment of arms.----Explanation.‑Arms, ammunition or military stores tranship­ped at a port in  [Pakistan] are transported within the meaning of this section.

 

Legal amendments

1.             Subs. by A. O., 1964, Art 2 and Sch., for which bad been subs. by A. O., 1937, for "G. G. in C.".

2.             Subs. by A. O., 1937, for "Gazette of India"

 

11.           Power to establish searching stations.--The 1[Central Government] may, at any places along the boundary‑line between [Pakistan] and foreign territory 2[and at such distance within such line as it deems expedient, establish, searching‑posts at which all vessels, carts and baggage‑animals, and all boxes, bales and packages in transit, may be stopped and searched for arms, ammunition and military stores by any officer empowered by 3[the Central Govern­ment] in this behalf by name or in virtue of his office.

 

Legal amendments

                1.             Subs. by A. O., 1937, for "L. G.

  2.            The words "or between a Province and an Acceding State", which were ins. by A. O., 1949, Sch., have been omitted by A. O., 1964, Art. 2, and Sch.

                3.             Subs. by A. O., 1937, for "such Govt.

 

12.          Arrest of persons conveying arms, etc., under suspicious circumstances. When any person is found carrying or conveying any arms, ammunition or military stores, whether covered by a license or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any person may without warrant apprehend him and take such arms, ammunition or military stores from him.

                Procedure where arrest made by person not Magistrate or Police‑officer. Any person so apprehended, and any arms, ammunition or military stores so taken by a person not being a Magistrate or Police‑officer, shall be delivered over as soon as possible to a Police ­officer.

                All persons apprehended by, or delivered to, a Police‑officer, and all arms and ammunition seized by or delivered to any such officer under this section, shall be taken without unnecessary delay before a Magistrate.

 

IV.‑GOING ARMED AND POSSESSING ARMS, ETC.

 

13.          Prohibition of going armed without license. No person shall go armed with any arms except under a license and to the extent and in the manner permitted thereby.

                Any person so going armed without a license or in contraven­tion of its provisions may be disarmed by any Magistrate, Police­ officer or other person empowered by the 1[appropriate Govern­ment] in this behalf by name or by virtue of his office.

 

Legal amendments

1,             (Subs. by A. O., 1964, Art 2 and Such., for "Central Government" which had been subs. by A. O., 1937, for L. G.".)

 

14.          Unlicensed possession of fire‑arms, etc.-----No person shall have in his possession or under his control any cannon or fire-arms or any ammunition or military stores except under a license and in the manner and to the extent permitted thereby.

 

15.          Possession of arms of any description without license prohibited in certain places. In any place to which section 32, clause 2, of Act No. XXXI of 1860 (Act 31 of 1860 was rep. by s. 3 of this Act.) applies at the time this Act comes into force or to which [ aropriate Government] may by notification in [official Gazette] specially extend this section(S. 15 has been especially extended to‑

                (1)           [aces in the Punjab,

                (2)           places in assam]

no person shall have in his possession any arms of any description, except under a license and in the manner and to the extent permitted thereby.

 

Legal amendments

1.             The original words " the Local Government with the previous sanction of the Governor General in Council" were first subs. by A. O., 1937 and then amended by A. O., 1964, Art. 2 and Sch., to read as above.

                2.             the (Subs. by A. O., 1937, for "local offcial Gazette"

3.             see Punjab Gazette, 1899, Pt. I, p. 285; ibid., 1900, Pt. I, p. 810.