The Arms Act, 1959 is the law that decides who may keep a firearm in India, how a licence is obtained and renewed, which weapons other than guns need a licence, and what happens when the law is broken. The Arms Rules, 2016 fill in the procedure, the fees and the categories of weapons. This guide explains both in plain English, with the changes made by the Arms (Amendment) Act, 2019, and answers the questions readers ask most: whether a sword or a large knife can be kept at home, how a gun licence is obtained in Delhi, how many firearms one person may hold, and what the punishments are.
Arms Act, 1959 at a glance
- Firearms: no one may acquire, possess or carry a firearm or ammunition without a licence (Section 3). Since the 2019 amendment one person may hold a maximum of two firearms (Section 3(2)); a licence is valid for five years (Section 15).
- Who can apply: a person who is at least 21 years old and has not, in the last five years, served a sentence for an offence involving violence or moral turpitude (Section 9). The licensing authority must be satisfied there is a good reason for the licence (Section 13(3)); in Delhi the application is made online to the Delhi Police Licensing Unit.
- Swords, daggers, knives: these are “arms” under the Act, but the licence requirement of Section 3 applies to firearms. A licence for sharp-edged weapons is needed only in an area covered by a notification under Section 4, and only to the extent that notification says (Rule 4, Arms Rules, 2016). Each State’s notification is different.
- Air guns: an air weapon with muzzle energy above 20 joules (15 ft-lb) or a bore above .177 inch (4.5 mm) needs a licence like any other firearm; below that, no licence (Arms Rules, 2016, Schedule I).
- Punishments: possessing a firearm without a licence – two to five years’ imprisonment and fine (Section 25(1B)); possessing a prohibited arm – seven to fourteen years (Section 25(1A)); using a prohibited arm that causes death – life imprisonment or death (Section 27(3)).
- New criminal codes: the Arms Act itself was not replaced on 1 July 2024. Cases under it are now investigated and tried under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC; offences such as hurt caused with a weapon are under the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the IPC.
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date.
What the Arms Act covers, and what counts as “arms”
Section 2(1)(c) of the Act defines “arms” as articles of any description designed or adapted as weapons for offence or defence. The definition expressly includes firearms, sharp-edged and other deadly weapons, and parts of and machinery for manufacturing arms. It expressly excludes articles designed solely for domestic or agricultural use, such as a lathi or an ordinary walking stick, and weapons that can only be used as toys or cannot be converted into usable weapons.
Two narrower terms matter for the heaviest punishments. “Prohibited arms” (Section 2(1)(i)) are firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed or the magazine is empty – that is, fully automatic weapons – together with weapons designed to discharge noxious liquids or gases, artillery, anti-aircraft and anti-tank firearms, and any other arms the Central Government notifies. “Prohibited ammunition” (Section 2(1)(h)) covers ammunition containing or designed to contain noxious liquids or gases, rockets, bombs, grenades, shells, missiles and similar articles, and anything else notified.
A common mistake, repeated on many websites, is to describe every pistol of a “military calibre” as a prohibited arm. Under the Act a semi-automatic pistol is not a prohibited arm; the Arms Rules, 2016 place firearms into three groups – permissible, restricted and prohibited – and a firearm in the restricted category can be licensed, but only by the Central Government. The Delhi Police Licensing Unit’s own FAQ gives the example of a .38 bore revolver, which the Rules categorise as a restricted firearm for which the licensing authority is the Ministry of Home Affairs, while the application is still made through the Delhi Police portal.
Who can get a gun licence in India
Section 9(1)(a) bars three classes of people from acquiring, possessing or carrying any firearm or ammunition: a person who has not completed the age of 21 years; a person who has been sentenced to imprisonment on conviction for any offence involving violence or moral turpitude, for a period of five years after the sentence expires; and a person who has been ordered to execute a bond for keeping the peace or for good behaviour, for the term of the bond. The Delhi Police Licensing Unit states that the applicant must have attained 21 years on the date of application, and that the only exception is an application on a sports-shooting basis, which can be made from the age of 12 if it is supported by a certificate from the National Rifle Association of India or the Sports Authority of India. Rule 36 of the Arms Rules, 2016 allows a person between 12 and 21 to use permissible arms for training only in the immediate presence or under the direct supervision of an adult instructor or the licensee.
Section 13(3) tells the licensing authority when it must grant a licence and when it has discretion. It shall grant a licence under Section 3 to a citizen of India for a smooth-bore gun with a barrel of not less than twenty inches to be used for protection or sport, or for a muzzle-loading gun for bona fide crop protection, and for a firearm to be used for target practice by a member of a rifle club or association recognised by the Central Government. In every other case the authority may grant the licence if it is satisfied that the applicant has a good reason for obtaining it. Rule 12 of the 2016 Rules spells out who is treated as having a genuine requirement for a permissible-category firearm: a person whose business, profession or job gives him a genuine need to protect his life or property; a dedicated sports person who has been an active member of a licensed shooting club or rifle association for two years and wants to pursue sport shooting through a structured learning process; and a person serving or retired from the Defence Forces, the Central Armed Police Forces or a State police force who has a genuine need to protect life or property.
Section 14 lists the cases in which the authority must refuse: a licence for a prohibited arm or prohibited ammunition (except with the Central Government’s special authorisation), and a licence to a person who is prohibited by law from holding one, who is of unsound mind, or who is for any reason unfit for a licence, as well as any case in which refusal is necessary for the security of the public peace or public safety. Section 14(2) says that a licence cannot be refused merely because the applicant does not own or possess sufficient property, and Section 14(3) requires the reasons for a refusal to be recorded in writing and, on demand, given to the applicant, unless the authority considers that disclosure would be against the public interest.
How to apply for an arms licence in Delhi, step by step
Under Section 13(1) the application is made to the licensing authority in the prescribed form with the prescribed fee. The Ministry of Home Affairs’ Arms Licence portal (NDAL-ALIS) lists the forms: a fresh licence for an individual in Form II, III or IV is applied for in Form A-1, and a renewal in Form A-3. In Delhi the licensing authority for permissible-category firearms is the Delhi Police, and its Licensing Unit states that all arms-related services are applied for online only, through its portal (the office of the Joint Commissioner of Police, Licensing, is on the first floor of Police Station Defence Colony, near Moolchand Hospital). A resident of Ghaziabad or any other place outside Delhi cannot apply to the Delhi licensing authority; the application goes to the authority with jurisdiction over the applicant’s place of residence or posting.
Rule 11 of the Arms Rules, 2016, as summarised on the MHA portal, lists the documents: four passport-size photographs on a white background; proof of date of birth; identification proof (Aadhaar, or an affidavit with an alternative such as passport, voter card or PAN); residence proof if the applicant has no Aadhaar or passport (voter card, electricity bill, landline bill, rent or lease deed, property documents); the undertaking on safe use and storage of firearms under Rule 10(4); for professional applicants under Rule 12(3)(a), educational and professional certificates; and a medical certificate on mental health and physical fitness. The Delhi Police FAQ adds that the medical certificate may be issued by any registered medical practitioner on his letterhead in the prescribed Form S3, and that no weapon-handling training is required before applying – the Licensing Unit arranges the training for applicants whose request has been approved and issues a certificate in Form S2.
After the application is received, Section 13(2) requires the licensing authority to call for a report from the officer in charge of the nearest police station. Rule 14 gives the police thirty days to send the report in Form S-4 (the Central Government may extend this to ninety days for particular areas), and allows the authority to decide the application without the report if it is not received in time. Rule 13 then requires the authority to grant or refuse the licence by a speaking order, with reasons recorded in writing, within sixty days of receiving the police report, and to specify the type of arms the applicant may procure after assessing the reason and need, having regard to lethality and fire-power. If the application is rejected, the Delhi Police FAQ says a copy of the detailed speaking order is given free of cost, and an appeal lies within 30 days to the Lieutenant Governor of Delhi, who is the appellate authority (Section 18 of the Act provides for an appeal to the prescribed appellate authority within the prescribed period).
Once the licence is granted, Rule 18 gives the licensee two years to buy the firearm and have it endorsed on the licence, extendable by one further year on a written request; if the firearm is not acquired within that time the licence lapses. The Delhi Police FAQ describes the same “purchase period” of two years plus one. Every licence is now linked to a Unique Identification Number (UIN) in the National Database of Arms Licences (Rule 15), and the Delhi Police has issued smart-card arms licences in place of the booklet since 16 February 2022 and has integrated arms licences with DigiLocker.
Fees for an arms licence
The fees are fixed by Schedule IV of the Arms Rules, 2016 and are set out on the MHA’s Arms Licence portal. For an individual’s licence in Form III (the ordinary licence for acquisition and possession), the fee at the time of grant is Rs 1,000 for handguns, .22 rim-fire rifles, breech-loading shotguns, non-semi-automatic centre-fire rifles and air weapons that need a licence, with a renewal fee of Rs 500 for each year (Rs 1,500 for three years). For a semi-automatic centre-fire rifle or any other restricted firearm of category I(b) or I(c) the grant fee is Rs 1,000 and the renewal fee Rs 1,000 a year. For a sword, bayonet, dagger, spear or lance, where a licence is required, the fee is Rs 500 at grant and Rs 100 a year on renewal, and the same for other weapons of Category V of Schedule I. Allied services such as registration with an outside licensing authority, a change of address, endorsement of a firearm, or addition or deletion of a firearm cost Rs 500 each; transfer of a firearm to a legal heir costs Rs 1,000; a licence book costs Rs 100. Rule 27(2)(b) adds a late-renewal fee of Rs 2,000, which is waived for a Form III licence renewed within one month of expiry; the Delhi Police FAQ says the same in practical terms – apply within 30 days of expiry and no late fee is charged.
Validity, renewal, moving house and carrying the weapon
A licence under Section 3 continues in force for five years from the date of grant unless revoked earlier (Section 15(1), as amended in 2019; the period was three years before that). The licensee must produce the licence, the firearm and the ammunition before the licensing authority at renewal. Rule 24 requires the renewal application to be filed at least sixty days before the licence expires, and the renewing authority to renew within thirty days of receiving the police report. The Delhi Police FAQ confirms that the application can be made 60 days in advance, that physical inspection of the weapon is necessary at renewal, and that a licence is normally renewed for five years though the authority may renew it for a shorter period. It also warns that every renewal is treated as a fresh application, so a criminal case registered after the grant – and not disclosed – may be treated as concealment and lead to suspension or revocation.
Holding a firearm on an expired licence is possession without a valid licence. Section 21 requires a person whose possession has become unlawful – because the licence has expired or has been revoked – to deposit the arms and ammunition without unnecessary delay with the officer in charge of the nearest police station or, subject to conditions, with a licensed dealer, and Section 21(2) entitles the depositor to receive them back on becoming entitled to possess them again. The Delhi Police FAQ lists the consequences of missing the renewal date: deemed possession without a valid licence, the duty to deposit the weapon under Section 21, a separate offence under Section 30 for failing to do so, and possible suspension or revocation if the authority is not satisfied with the reasons for delay.
A licence is ordinarily valid in the area of the licensing authority that issued it. Rule 19 allows the area of validity to be extended: the licensing authority itself may grant all-India validity to Union Ministers and Members of Parliament, personnel of the Defence Forces and Central Armed Police Forces, officers of the All India Services, government and public-sector officers liable to serve anywhere in India, and dedicated sports persons; in every other case the application is forwarded to the State Government (in Delhi, to the Lieutenant Governor through the Home Department). The Delhi Police FAQ says the extension is currently granted for five years. A licensee who shifts residence, permanently or for more than six months, must inform the new licensing authority in Form B-1 before six months are over, and the new authority registers the licence within fifteen days (Rule 17).
Rule 23 limits ammunition for breech-loading firearms licensed in Forms II, III and IV to 200 rounds purchasable per firearm in a calendar year and 100 rounds in possession at any one time, unless the State Government allows more in an exceptional case for reasons recorded in writing. The Delhi Police requires licensees to keep a record of ammunition used and to certify consumption to the dealer before buying more. Rule 32 governs carrying a firearm in a public place: a handgun must be carried in a holster or similar holder attached to the person, or in a rucksack, and any other firearm in a holder made for the purpose; the firearm must be completely covered and under the licensee’s effective control; and brandishing or discharging a firearm, or a blank-firing firearm, in a public place is strictly prohibited. A breach of Rule 32 attracts revocation of the licence and seizure of the firearm in addition to the penalty under the Act.
How many firearms one person may hold, and additional licensees
Section 3(2), as amended by the Arms (Amendment) Act, 2019, limits a person to two firearms (the limit was three from 1983 to 2019). A person who held more than two when the amendment commenced was allowed to keep any two and had to deposit the rest within one year with a police station, a licensed dealer or, for members of the armed forces, a unit armoury; the deposited firearms were then delicensed. The Delhi Police published a public notice on the deposit of the third weapon after the MHA’s notification of 13 December 2019. A licence granted on an inheritance or heirloom basis also cannot exceed two firearms. The limit does not apply to licensed dealers or to members of rifle clubs or associations in respect of .22 bore rifles or air rifles used for target practice (Section 3(3)). The Delhi Police FAQ adds that there is no rule requiring the two firearms to be of different bore or type.
The 2016 Rules withdrew the old system of “retainers” for individuals. Instead, Rule 20 allows the holder of a Form III licence for permissible-category firearms to apply for an additional licence for any two close relatives who live with him and hold no Form III licence of their own; the weapons endorsed on the parent licence are endorsed on the additional licensee’s licence.
Inheritance and heirloom licences
Rule 25 allows the licensing authority to grant a licence to the legal heir of a licensee after the licensee’s death, or, while the licensee is alive, to a legal heir nominated by him once the licensee has attained seventy years of age or has held the firearm for twenty-five years, whichever is earlier, provided the heir fulfils the eligibility conditions and there are no adverse remarks in the police report. The Delhi Police FAQ explains the practice in Delhi: an inheritance application needs an indemnity bond attested by a first-class magistrate and a no-objection certificate from the other legal heirs; a heirloom transfer is possible only to the licensee’s husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister or grandchildren; and when a licensee dies, the family should immediately apply online for permission to deposit the weapon with the nearest police station or an authorised dealer, after which the heirs may add it to an existing family licence, apply for a fresh licence in the inheritance category, or sell it to another licensee or dealer.
Swords, knives, katanas and kirpans: when is a licence needed?
This is the question most readers bring to this page, and the answer has three parts. First, a sword, a dagger, a large knife or a katana is an “arm” under Section 2(1)(c), because the definition includes sharp-edged and other deadly weapons; an ordinary kitchen knife or an agricultural tool is not, because the definition excludes articles designed solely for domestic or agricultural use. Second, the general licence requirement in Section 3 is confined to firearms and ammunition; it does not by itself require a licence for a sword kept at home. Third, Section 4 allows the Central Government, where it considers it necessary in the public interest having regard to the circumstances prevailing in an area, to direct by notification that a licence is needed to acquire, possess or carry arms of a specified class – other than firearms – in that area. Rule 4 of the Arms Rules, 2016 says the same from the other side: unless a notification directs otherwise, no licence is required for the manufacture, sale or possession for sale of arms of Category V of Schedule I (the category of arms other than firearms) except in the areas notified under Section 4, and in a notified area a licence for acquiring, possessing or carrying the notified class of arms may be granted on the conditions in the Rules. The MHA fee table lists “sword, bayonet, dagger and spear/lance” and other Category V weapons, with a licence fee of Rs 500, precisely for such areas.
Whether a licence is needed where you live therefore depends on the notification in force for that area. State Governments issue these notifications under Section 4 read with the Central Government’s notification G.S.R. 1309 of 1 October 1962, and the notifications differ in the weapons covered, the blade dimensions and whether they apply everywhere or only in public places. One verified example is Madhya Pradesh: by Notification No. 6312-6552-II-B(i) dated 22 November 1974 the State Government applied Section 4 to the whole of the State in respect of the acquisition, possession or carrying of sharp-edged weapons with a blade more than 6 inches long or 2 inches wide, and spring-actuated knives with a blade of any size, in public places only. In such a State a sword kept inside the house is outside the notification, but carrying it in a public place without a licence is an offence under Section 25(1B)(b). We have not stated the Delhi notification here because we could not open it from an official source when this post was reviewed; a Delhi resident should ask the Delhi Police Licensing Unit, which is the licensing authority for the National Capital Territory, before buying or carrying a sword or a long knife. Readers in other States should check their State Home Department’s notification or ask the district licensing authority before buying or carrying a sword, a katana or a long knife.
Three further points apply everywhere. Using any weapon to hurt someone is an offence regardless of licensing: voluntarily causing hurt or grievous hurt with an instrument for shooting, stabbing or cutting is punished under Section 118 BNS (formerly Sections 324 and 326 IPC), and being armed with a deadly weapon in an unlawful assembly or a riot is punished under Section 189(4) and Section 191(3) BNS (formerly Sections 144 and 148 IPC). Section 153AA IPC, which punished carrying arms in a procession, has no counterpart in the BNS. And the Sikh kirpan stands on a different footing from other blades: Explanation I to Article 25 of the Constitution provides that the wearing and carrying of kirpans is deemed to be included in the profession of the Sikh religion, so the right to wear and carry one is part of the fundamental right to religion, subject to the limits in Article 25 itself.
Air guns, blank-firing pistols, tasers and replicas
Air guns are firearms under the Act, but until 2016 they were exempt from licensing by a 1962 notification. The Arms Rules, 2016 divided air weapons into two groups in clause (f) of Category III of Schedule I. An air rifle or air pistol with muzzle energy exceeding 20 joules (15 ft-lb) or a bore exceeding .177 inch (4.5 mm) needs a licence like any other firearm, counts within the limit on the number of firearms, and may be bought only from an arms dealer licensed in Form VIII. An air weapon below both thresholds needs no licence and may be sold only by an air-weapon dealer licensed in Form VIII-A against the buyer’s identity and residence proof. The Delhi Police FAQ answers a reader who bought a .257 bore air gun in 2012 that, since the 2016 Rules, a licence is required for an air gun or air rifle with a bore above .177.
Schedule I of the 2016 Rules also brought under licensing blank-firing firearms (the Delhi Police FAQ confirms a licence is needed even for a blank pistol), paintball markers with muzzle velocity above 90 metres per second, and electronic disabling devices – a taser-type device with a firing range of less than fifteen feet is a permissible arm, and one with a longer range a restricted arm. Firearm replicas are exempt from licensing by Notification S.O. 2461(E) of 18 July 2016 under Section 41, except for the manufacture of replicas so realistic as to be indistinguishable from a real firearm, which needs a licence.
Offences and punishments under the Arms Act
The Arms (Amendment) Act, 2019 (assented to on 13 December 2019 and in force from 14 December 2019) raised almost every sentence in the Act and added new offences. The table gives the position today.
| Provision | What is punished | Punishment |
|---|---|---|
| Section 25(1B) | Acquiring, possessing or carrying a firearm or ammunition without a licence (Section 3); possessing notified arms in a Section 4 area without a licence; and related contraventions of Sections 8, 9, 10 and 12, including failure to deposit arms under Section 3(2) or 21(1) | Not less than two years, up to five years, and fine. For adequate and special reasons recorded in the judgment the court may impose less than two years. |
| Section 25(1A) | Acquiring, possessing or carrying prohibited arms or prohibited ammunition (Section 7) | Not less than seven years, up to fourteen years, and fine; less than seven years only for adequate and special reasons recorded in the judgment. |
| Section 25(1AA) | Manufacturing, selling, transferring, converting, repairing, testing or proving prohibited arms or ammunition, or offering them for sale | Not less than ten years, up to imprisonment for life, and fine. |
| Section 25(1) | Manufacturing, obtaining, procuring, selling, transferring, converting, repairing or testing arms or ammunition without a licence (Section 5); shortening a gun barrel or converting an imitation firearm, or converting a firearm from one category to another (Section 6); exporting or importing in breach of Section 11 | Not less than seven years, up to imprisonment for life, and fine. |
| Section 25(1AB) (added 2019) | Using force to take a firearm from a police officer or a member of the armed forces | Not less than ten years, up to imprisonment for life, and fine. |
| Section 25(6), (7), (8) (added 2019) | A member of an organised crime syndicate, or a person acting on its behalf, possessing arms or ammunition in contravention of Chapter II, or contravening Sections 5, 6 or 11; and involvement in illicit trafficking of firearms or ammunition | Not less than ten years, up to imprisonment for life, and fine. |
| Section 25(9) (added 2019) | Using a firearm rashly or negligently, or for celebratory gunfire, so as to endanger human life or the personal safety of others | Up to two years, or fine up to one lakh rupees, or both. |
| Section 25(2) | A person under 21 (or otherwise within Section 9(1)(a)(i)) possessing or carrying a firearm or ammunition | Up to one year, or fine, or both. |
| Section 25(3) | Selling or transferring a firearm without giving the required prior notice or before the forty-five-day period ends | Up to six months, or fine up to five hundred rupees, or both. |
| Section 26 | Secret (clandestine) contraventions: of Sections 3, 4, 10 or 12 – (1); of Sections 5, 6, 7 or 11 – (2); concealing arms during a search under Section 22 – (3) | (1) Not less than six months, up to seven years, and fine. (2) Not less than five years, up to ten years, and fine. (3) Up to ten years and fine. |
| Section 27(1) | Using arms or ammunition in contravention of Section 5 | Not less than three years, up to seven years, and fine. |
| Section 27(2) | Using prohibited arms or prohibited ammunition in contravention of Section 7 | Not less than seven years, up to imprisonment for life, and fine. |
| Section 27(3) | Using prohibited arms or ammunition, or doing any act in contravention of Section 7, which results in the death of any other person | Imprisonment for life, or death, and fine (before 2019 the only sentence was death). |
| Section 30 | Contravening any condition of a licence or any provision of the Act or Rules for which no other punishment is provided | Up to six months, or fine up to two thousand rupees, or both. |
Section 45 keeps some situations outside the Act altogether: arms forming part of the ordinary equipment of a sea-going vessel or aircraft; arms acquired, possessed or carried by or under the orders of the Central Government, by a public servant in the course of his duty, or by members of the National Cadet Corps, the Territorial Army and other notified forces in the course of their duty; weapons of an obsolete pattern or of antiquarian value, or in disrepair, which cannot be used as firearms with or without repair; and minor parts of arms or ammunition not intended to be used with complementary parts.
How an Arms Act case is investigated and tried under the BNSS
The Arms Act does not itself say whether its offences are cognizable or bailable. That is decided by Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Schedule II of the CrPC), which classifies offences under other laws by their maximum punishment. An offence punishable with death, imprisonment for life or imprisonment for more than seven years is cognizable, non-bailable and triable by a Court of Session; an offence punishable with imprisonment for three years and upwards but not more than seven years is cognizable, non-bailable and triable by a Magistrate of the first class; and an offence punishable with imprisonment for less than three years, or with fine only, is non-cognizable, bailable and triable by any Magistrate. So possession of an unlicensed firearm under Section 25(1B), which carries up to five years, is cognizable and non-bailable and is tried by a Magistrate of the first class; possession of a prohibited arm under Section 25(1A), which carries up to fourteen years, is tried by a Court of Session; and the minor offence under Section 30 is bailable. Bail in a non-bailable case is a matter for the court; our posts on regular bail and anticipatory bail explain how it is applied for.
Two further provisions of the Act are relevant in practice. Section 19 allows any police officer, or any other officer empowered by the Central Government, to demand the production of the licence from any person carrying arms or ammunition, and Section 22 allows a magistrate who has reason to believe that a person within his jurisdiction possesses arms for an unlawful purpose to order a search and seizure. Our guide to the rights of an arrested person explains what must happen after an arrest.
Using a licensed weapon in self-defence
A licence allows a person to possess and carry a firearm; it does not by itself make any use of it lawful. The law of private defence is in Sections 34 to 44 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 96 to 106 IPC). Section 34 BNS (formerly Section 96 IPC) provides that nothing is an offence which is done in the exercise of the right of private defence; Section 35 (formerly 97) gives every person the right, subject to the restrictions in Section 37, to defend his own body and the body of any other person, and property, against certain offences; Section 37 (formerly 99) lists the acts against which there is no right of private defence, including an act that does not reasonably cause the apprehension of death or grievous hurt; Section 38 (formerly 100) sets out when the right of defence of the body extends to causing death; and Section 41 (formerly 103) does the same for defence of property. Section 25(9) of the Arms Act, added in 2019, separately punishes the rash or negligent use of a firearm and celebratory gunfire that endangers life. Which IPC section corresponds to which BNS section can be checked in our IPC to BNS section converter.
आर्म्स एक्ट 1959 क्या है – हिंदी में (Arms Act, 1959 in Hindi)
आयुध अधिनियम, 1959 (Arms Act, 1959) वह कानून है जो भारत में हथियार रखने, खरीदने, बेचने और इस्तेमाल करने को नियंत्रित करता है; इसकी प्रक्रिया और फीस आयुध नियम, 2016 (Arms Rules, 2016) में हैं। धारा 3 के अनुसार बिना लाइसेंस कोई भी व्यक्ति बंदूक, पिस्तौल या कारतूस नहीं रख सकता। 2019 के संशोधन के बाद एक व्यक्ति अधिकतम दो आग्नेयास्त्र (firearms) रख सकता है और लाइसेंस पाँच साल के लिए वैध होता है। लाइसेंस के लिए आवेदक की उम्र कम से कम 21 वर्ष होनी चाहिए (खेल निशानेबाज़ी के लिए 12 वर्ष, NRAI/SAI के प्रमाणपत्र के साथ), और हिंसा या नैतिक पतन के अपराध में सज़ा पाया व्यक्ति पाँच साल तक लाइसेंस नहीं ले सकता (धारा 9)। दिल्ली में आवेदन केवल ऑनलाइन, दिल्ली पुलिस लाइसेंसिंग यूनिट के पोर्टल पर किया जाता है; पुलिस रिपोर्ट 30 दिन में आती है और लाइसेंसिंग अधिकारी को रिपोर्ट मिलने के 60 दिन के भीतर लिखित कारणों के साथ निर्णय देना होता है (नियम 13 और 14)। फॉर्म III लाइसेंस की फीस 1,000 रुपये और नवीनीकरण 500 रुपये प्रति वर्ष है; नवीनीकरण का आवेदन समाप्ति से कम से कम 60 दिन पहले करना होता है।
तलवार, कटार या बड़ा चाकू अधिनियम की धारा 2(1)(c) में “arms” की परिभाषा में आते हैं, लेकिन धारा 3 की लाइसेंस की शर्त केवल आग्नेयास्त्रों पर लागू होती है। धारा 4 के तहत सरकार अधिसूचना जारी करके किसी क्षेत्र में तलवार जैसे धारदार हथियारों के लिए भी लाइसेंस अनिवार्य कर सकती है, और यह अधिसूचना हर राज्य में अलग है – जैसे मध्य प्रदेश में 1974 की अधिसूचना 6 इंच से लंबे या 2 इंच से चौड़े फल वाले धारदार हथियार को सार्वजनिक स्थान पर ले जाने पर लागू होती है। इसलिए “घर में तलवार रख सकते हैं या नहीं” का उत्तर आपके राज्य की अधिसूचना पर निर्भर करता है। सिखों के कृपाण को संविधान के अनुच्छेद 25 के स्पष्टीकरण I में सिख धर्म के पालन का हिस्सा माना गया है। 20 जूल से अधिक ऊर्जा या .177 इंच से अधिक बोर की एयर गन के लिए लाइसेंस ज़रूरी है। बिना लाइसेंस बंदूक रखने पर धारा 25(1B) में दो से पाँच साल की कैद और जुर्माना, प्रतिबंधित हथियार रखने पर धारा 25(1A) में सात से चौदह साल, और प्रतिबंधित हथियार के इस्तेमाल से मृत्यु होने पर धारा 27(3) में आजीवन कारावास या मृत्युदंड का प्रावधान है। 1 जुलाई 2024 से इन मामलों की जाँच और सुनवाई भारतीय नागरिक सुरक्षा संहिता (BNSS) के तहत होती है।
Frequently asked questions
A sword is an “arm” under Section 2(1)(c) of the Arms Act, but the licence requirement in Section 3 applies to firearms. A licence for a sword is required only in an area covered by a notification under Section 4, and only to the extent the notification says – some State notifications apply only to carrying sharp-edged weapons in public places and only above a stated blade length. Check the notification for your State or Union Territory before buying or carrying one.
The same rule applies as for swords: no licence under Section 3, but a licence may be required by a Section 4 notification for your area, which usually describes the weapon by blade length and width (for example, Madhya Pradesh’s notification covers blades more than 6 inches long or 2 inches wide, and spring-actuated knives of any size, in public places). Knives designed solely for domestic or agricultural use are not “arms” at all.
Explanation I to Article 25 of the Constitution provides that the wearing and carrying of kirpans is deemed to be included in the profession of the Sikh religion, so it is protected as part of the fundamental right to freedom of religion, subject to the limits stated in Article 25 itself.
An applicant must be at least 21 years old and must not have been convicted of an offence involving violence or moral turpitude in the last five years or be bound over to keep the peace (Section 9). The authority must be satisfied that there is a good reason for the licence (Section 13(3)); Rule 12 recognises a genuine need to protect life or property, dedicated sports shooting, and service in the armed or police forces. For sports shooting an application can be made from the age of 12 with an NRAI or SAI certificate.
Online only, on the Delhi Police Licensing Unit’s portal, in Form A-1 with the documents listed in Rule 11 (photographs, proof of age and identity, residence proof, the safe-storage undertaking and a medical certificate in Form S3). The police report is due within 30 days and the decision within 60 days of the report, by a speaking order. Weapon-handling training is arranged by the Licensing Unit after approval.
For an individual’s Form III licence the grant fee is Rs 1,000 and the renewal fee Rs 500 a year for handguns, .22 rifles, shotguns and licensable air weapons (Rs 1,000 a year for semi-automatic centre-fire rifles and other restricted firearms). A sword or dagger licence, where required, costs Rs 500 at grant and Rs 100 a year. The licence book costs Rs 100, and most allied services Rs 500.
Two, under Section 3(2) as amended in 2019. People who held three had to deposit one within a year. Licensed dealers and rifle-club members using .22 rifles or air rifles for target practice are exempt from the limit.
Under Section 25(1B), imprisonment of not less than two years, extendable to five years, and fine; the court may impose less than two years for adequate and special reasons recorded in the judgment. If the weapon is a prohibited arm, Section 25(1A) applies and the minimum is seven years. Both offences are cognizable and non-bailable under the BNSS First Schedule.
Only if the area of validity of the licence has been extended under Rule 19. The licensing authority can grant all-India validity to certain categories (ministers and MPs, armed forces and CAPF personnel, All India Service officers, government officers liable to serve anywhere, dedicated sports persons); in other cases the application goes to the State Government. In Delhi the extension is granted for five years.
Yes, if the muzzle energy exceeds 20 joules (15 ft-lb) or the bore exceeds .177 inch (4.5 mm); such an air weapon is licensed like any other firearm and counts within the two-firearm limit. Air weapons below both thresholds need no licence but may be sold only by a licensed air-weapon dealer against identity and residence proof.
No. The Arms Act, 1959 continues in force. From 1 July 2024 the investigation, bail and trial of Arms Act cases follow the BNSS, which replaced the CrPC, and the classification of Arms Act offences as cognizable or bailable is in Part II of the First Schedule to the BNSS. Offences committed with weapons, such as hurt by a dangerous weapon, are now under the BNS (Section 118, formerly Sections 324 and 326 IPC).
Possession on an expired licence is possession without a valid licence. Section 21 requires the arms and ammunition to be deposited without delay with the nearest police station or a licensed dealer, and failing to do so is a separate offence under Section 30. Apply for renewal at least 60 days before expiry (Rule 24); the Delhi Police charges no late fee if the application is made within 30 days after expiry.
A fully automatic firearm – one that keeps firing while the trigger is pressed – is a prohibited arm under Section 2(1)(i), and Section 14(1)(a) requires the licensing authority to refuse a licence for it unless the Central Government has specially authorised the person under Section 7. Semi-automatic firearms are not prohibited arms: a semi-automatic centre-fire rifle is a restricted-category firearm licensed by the Central Government, while the MHA fee table lists .22 rim-fire rifles and smooth-bore shotguns “including semi-automatic” among ordinary Form III firearms.
Yes, if it is genuine. Section 13(3)(b) requires the authority to be satisfied that the applicant has a good reason, and Rule 12 of the Arms Rules, 2016 recognises a person who, by the nature of his business, profession, job or otherwise, has a genuine requirement to protect his life or property. A general wish to be armed, without a threat or a reason connected to one’s work, is not enough, and Section 14(2) also makes clear that a licence cannot be refused merely because the applicant lacks property.
Section 13(3)(a)(i) obliges the authority to grant a licence to a citizen for a smooth-bore gun with a barrel of not less than twenty inches for protection or sport. Shortening the barrel of any firearm, or converting an imitation firearm into a firearm, is prohibited by Section 6 and punished under Section 25(1) with not less than seven years’ imprisonment, up to life, and fine.
Only to a person who holds a licence for it or to a licensed dealer, and only with the licensing authority’s permission – the MHA portal lists the application for permission to sell or transfer a firearm (Form B-2), and the Delhi Police FAQ describes sale to another licensee or an authorised dealer with the authority’s approval. Section 9(1)(b) bars a sale to anyone the seller knows is under 21 or otherwise disqualified, and Section 25(3) punishes a sale made without the required prior notice or before the forty-five-day period with up to six months’ imprisonment or a fine up to five hundred rupees or both. The firearm is then deleted from the seller’s licence and endorsed on the buyer’s.
Yes, through a licence of your own. Rule 25 allows the licensing authority to grant a licence to the legal heir after the licensee’s death, or to a nominated heir while the licensee is alive once he is seventy or has held the firearm for twenty-five years, if the heir meets the eligibility conditions and the police report is clear. In Delhi the application needs an indemnity bond attested by a first-class magistrate and a no-objection certificate from the other heirs; the weapon is deposited with the police station or a dealer until the licence is granted. The transfer fee is Rs 1,000 per firearm.
Within the area of validity of your licence, under Rule 32: a handgun in a holster attached to your person or in a rucksack, any other firearm in a holder made for it, completely covered and under your control, never brandished. Outside the area of validity you need an extension under Rule 19, and the MHA fee table also provides for a journey licence in Form XI (Rs 500 per firearm) and a transport licence in Form XII for arms and ammunition. Carry the licence itself, because Section 19 allows a police officer to demand its production.
Not without a licence. Section 10 prohibits bringing arms or ammunition into or out of India by sea, land or air except under a licence, and the Rules provide temporary export and import licences in Form VI for tourists, sports persons and others, at a fee of Rs 1,000 per firearm, for which the MHA portal’s forms are used. An unlicensed import is punished under Section 25(1B).
Conclusion
The Arms Act is strict about firearms and comparatively silent about other weapons, and most confusion comes from mixing the two up. A gun needs a licence everywhere in India, obtained on proof of a good reason, held for five years at a time and limited to two firearms a person; the 2019 amendment made every sentence under the Act heavier. A sword or a long knife is an “arm”, but whether it needs a licence depends on the Section 4 notification for the area where it is kept or carried, and the Sikh kirpan is protected by the Constitution. Air guns above the 2016 thresholds are firearms in law. Before buying any weapon, read the notification for your State and the conditions printed on the licence, because a breach of a condition is itself an offence.
For the text of individual provisions, see our section-by-section posts on Section 27 of the Arms Act and Section 2(h) (prohibited ammunition), and the hub Legal Sections Explained. Official sources used for this post: the Arms Act, 1959 as amended by the Arms (Amendment) Act, 2019; the Arms Rules, 2016; the Ministry of Home Affairs’ Arms Licence portal (fee structure and FAQ); the Delhi Police Licensing Unit’s arms-licence FAQ; the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Madhya Pradesh notification of 22 November 1974 as reproduced by the Madhya Pradesh State Judicial Academy.
