The Arms Act, 1959 is an Act of the

Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...

to consolidate and amend the law relating to arms and ammunition in order to curb illegal weapons and violence stemming from them. It replaced the Indian Arms Act, 1878. The Arms Act was passed in 1959.

Chapters

The act is divided into six chapters. * 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. There was also controversy around

air gun An air gun or airgun is a gun that uses energy from compressed air or other gases that are mechanically pressurized and then released to propel and accelerate projectiles, similar to the principle of the primitive blowgun. This is in contr ...

s to be included as part of this act which was rejected by the

Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...

Previous legislation

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

firearm A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originate ...

s. Prior to the

Indian Rebellion of 1857 The Indian Rebellion of 1857 was a major uprising in India in 1857–58 against Company rule in India, the rule of the East India Company, British East India Company, which functioned as a sovereign power on behalf of the The Crown, British ...

, there were few gun control laws in

Colonial India Colonial India was the part of the Indian subcontinent that was occupied by European colonial powers during and after the Age of Discovery. European power was exerted both by conquest and trade, especially in spice trade, spices. The search for ...

. 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 Kodagu district () (also known by its former name Coorg) is an administrative district in the Karnataka state of India. Before 1956, it was an administratively separate Coorg State at which point it was merged into an enlarged Mysore State ...

) race". In a 1918 recruitment leaflet for

World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

Mahatma Gandhi Mohandas Karamchand Gandhi (2October 186930January 1948) was an Indian lawyer, anti-colonial nationalism, anti-colonial nationalist, and political ethics, political ethicist who employed nonviolent resistance to lead the successful Indian ...

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.

In '' The New Cambridge History of India: Science, Technology and Medicine in Colonial India'', historian

David Arnold David Arnold (born 23 January 1962) is an English film composer whose credits include scoring five James Bond films (1997-2008), as well as ''Stargate'' (1994), ''Independence Day'' (1996), ''Godzilla'' (1998), '' Shaft'' (2000), '' 2 Fast 2 F ...

noted the effect of the British rule on weapons, mining and metallurgy in India:Arnold, 100-101

Prohibited and Non-Prohibited Bore

The Arms Act classifies firearms into two categories: Prohibited Bore and Non-Prohibited Bore. All

automatic firearm An automatic firearm or fully automatic firearm (to avoid confusion with semi-automatic firearms) is a self-loading firearm that continuously Chamber (firearms), chambers and fires Cartridge (firearms), rounds when the trigger (firearms), trigger ...

s 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 Bolt action is a type of manual Action (firearms), firearm action that is operated by ''directly'' manipulating the bolt (firearms), turn-bolt via a cocking handle, bolt handle, most commonly placed on the right-hand side of the firearm (a ...

rifle A rifle is a long gun, long-barreled firearm designed for accurate shooting and higher stopping power, with a gun barrel, barrel that has a helical or spiralling pattern of grooves (rifling) cut into the bore wall. In keeping with their focus o ...

s (magazine capacity of 5 cartridges) and 0.32 Smith&Wesson Long

revolver A revolver is a repeating handgun with at least one barrel and a revolving cylinder containing multiple chambers (each holding a single cartridge) for firing. Because most revolver models hold six cartridges before needing to be reloaded, ...

s (chamber capacity of 6 cartridges), 0.35"

semi-automatic pistol A semi-automatic pistol (also called a self-loading pistol, autopistol, or autoloading pistol) is a repeating firearm, repeating handgun that automatically ejects and loads cartridge (firearms), cartridges in its chamber (firearms), chamber afte ...

s and 12 Bore

pump-action Pump action is a type of manual firearm action that is operated by moving a sliding handguard on the gun's forestock. When shooting, the sliding forend is pulled rearward to eject any expended cartridge (firearms), cartridge and typically to co ...

shotguns A shotgun (also known as a scattergun, peppergun, or historically as a fowling piece) is a long gun, long-barreled firearm designed to shoot a straight-walled cartridge (firearms), cartridge known as a shotshell, which discharges numerous small ...

Stun Guns and Tasers

Under Indian Arms Act, 1956 stun guns and

taser Taser (stylized in all caps) is a line of handheld conducted energy devices (CED) sold by Axon Enterprise (formerly Taser International). The device fires two small barbed darts intended to puncture the skin and remain attached to the targe ...

s are illegal to own and are considered as ''prohibited arms'' under Section 25 (1A) of the Arms Act.

Knife legislation

Edged weapons like

sword A sword is an edged and bladed weapons, edged, bladed weapon intended for manual cutting or thrusting. Its blade, longer than a knife or dagger, is attached to a hilt and can be straight or curved. A thrusting sword tends to have a straighter ...

machete A machete (; ) is a broad blade used either as an agricultural implement similar to an axe, or in combat like a long-bladed knife. The blade is typically long and usually under thick. In the Spanish language, the word is possibly a dimin ...

spear A spear is a polearm consisting of a shaft, usually of wood, with a pointed head. The head may be simply the sharpened end of the shaft itself, as is the case with Fire hardening, fire hardened spears, or it may be made of a more durable materia ...

s, bowie knives and

stiletto A stiletto (plural stilettos) is a specialized dagger with a long slender blade and needle-like point, primarily intended as a thrusting and stabbing weapon.Limburg, Peter R., ''What's In The Names Of Antique Weapons'', Coward, McCann & Geoghega ...

s require license under the Arms Act. Sword sticks,

dagger A dagger is a fighting knife with a very sharp point and usually one or two sharp edges, typically designed or capable of being used as a cutting or stabbing, thrusting weapon.State v. Martin, 633 S.W.2d 80 (Mo. 1982): This is the dictionary or ...

throwing knives A throwing knife is a knife that is specially designed and weighted so that it can be knife throwing, thrown effectively. They are a distinct category from ordinary knives. Throwing knives are used by many cultures around the world, and as such ...

bayonet A bayonet (from Old French , now spelt ) is a -4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ... , now spelt ) is a knife, dagger">knife">-4; we might wonder whethe ...

s and

switchblade A switchblade (also known as switch knife, automatic knife, pushbutton knife, ejector knife, flick knife, gravity knife, flick blade, or spring knife) is a pocketknife with a sliding or pivoting blade contained in the handle which is extended ...

s 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.

Pepper Spray

Pepper spray Pepper spray, oleoresin capsicum spray, OC spray, capsaicin spray, mace, or capsicum spray is a Tear gas, lachrymator (tear gas) product containing as its active ingredient the chemical compound capsaicin, which irritates the eyes with burning ...

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.

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 The Nihang (also spelt as Nihung lit. "Crocodiles") or Akali (lit. "Immortals"), also known as '' Dal Khalsa'', is an armed Sikh warrior order originating in the Indian subcontinent. Nihangs are believed to have originated either from Fateh Sin ...

Sikh Sikhs (singular Sikh: or ; , ) are an ethnoreligious group who adhere to Sikhism, a religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ''Si ...

s can carry edged weapons and firearms after obtaining a license under the Arms Act and all

Khalsa The term ''Khalsa'' refers to both a community that follows Sikhism as its religion,Khalsa: Sikhism< ...

Sikhs are allowed to carry the

kirpan The kirpan (; pronunciation: Help:IPA/Punjabi, ɪɾpaːn is a blade that Khalsa Sikhs are required to wear as part of their religious uniform, as prescribed by the Rehat, Sikh Code of Conduct. Traditionally, the kirpan was a full-sized '' ...

in public. The

Gurkha The Gurkhas or Gorkhas (), with the endonym Gorkhali ( Nepali: गोर्खाली ), are soldiers native to the Indian subcontinent, chiefly residing within Nepal and some parts of North India. The Gurkha units consist of Nepali and ...

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 Kodagu district () (also known by its former name Coorg) is an administrative List of districts of Karnataka, district in the Karnataka state of India. Before 1956, it was an administratively separate Coorg State at which point it was merged ...

. In 2004 the

Ananda Marga Ānanda Mārga (, Schwa deletion in Indo-Aryan languages, also spelled Anand Marg and Ananda Marg), or officially Ānanda Mārga Pracāraka Saṃgha (organization for the propagation of the path of bliss), is a world-wide socio-spiritual orga ...

sect have been allowed to carry

Trishula The ''trishula'' () is a trident, a divine symbol, commonly used as one of the principal symbols in Hinduism. It is most commonly associated with the deity Shiva and widely employed in his iconography. Etymology The name ''trishula'' ultimate ...

s (

Trident A trident (), () is a three- pronged spear. It is used for spear fishing and historically as a polearm. As compared to an ordinary spear, the three tines increase the chance that a fish will be struck and decrease the chance that a fish will b ...

) and

knives A knife (: knives; from Old Norse 'knife, dirk') is a tool or weapon with a cutting edge or blade, usually attached to a handle or hilt. One of the earliest tools used by humanity, knives appeared at least 2.5 million years ago, as evidenced ...

in their religious processions.

Shia Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor (caliph) and as the spiritual leader of the Muslim community (imam). However, his right is understood ...

Muslims are allowed to carry swords and knives but only during

Muharram Al-Muharram () is the first month of the Islamic calendar. It is one of the four sacred months of the year when warfare is banned. It precedes the month of Safar. The tenth of Muharram is known as Ashura, an important day of commemoration in ...

processions after obtaining permission from the respective local police department.

References

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India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

Firearm laws 1959 in Indian law Acts of the Parliament of India 1959