PRELIMINARYCentral

Section 2 of THE ARMS ACT, 1959

Definition and interpretation.

2. Definition and interpretation.- (1) In this Act, unless the

context otherwise requires,--

(a)"acquisition", with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift;
(b)"ammunition" means ammunition for any firearm, and includes--
1. (i)rockets, bombs, grenades, shells [and other missiles] 2*
2. (ii)articles, designed for torpedo service and submarine mining,
3. (iii)other articles containing, or designed

or adapted to contain,	explosive, fulminating or
fissionable material	or noxious	liquid,	gas	or
other such thing, whether capable	of	use	with

firearms or not,

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1. 1st October, 1962, vide Notification No. G.S.R. 992, dated 13-7-

1962, see Gazette of India, Pt. II, Sec. 3(i), p. 1092. This Act has been extended to--

Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3

and Sch.; and comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963);

and brought into force in Dadra and Nagar Haveli by Reg. 6 of

1963, s. 2 and Sch. I (w.e.f. 1-7-1965);

Sikim vide Notification No. G.S.R. 461 (E), dated 21-7-1976

↩2.Subs. by Act 42 of 1988, s. 2, for " and other like missiles"

(w.e.f. 1-8-1976). (w.e.f. 27-5-1988).

(iv)charges for firearms and accessories for such charges,
(v)fuses and friction tubes,
(vi)parts of, and machinery for manufacturing ammunition, and
(vii)such ingredients of ammunition as the

Central Government may, by notification in the

Official Gazette, specify in this behalf;

(c)"arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged 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;

1*[(d) "district magistrate", in relation to any area for

which a Commissioner of Police has been appointed,

means the Commissioner of Police thereof and includes

any such Deputy Commissioner of Police, exercising

jurisdiction over	the whole	or any part of such area,
as may	be specified	by the	State Government	in this

behalf in relation to such area or part;]

(e)"firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any

kind by the action of any explosive or other forms of

energy, and includes--

(i)artillery, hand-grenades, riot-pistols or

weapons of any kind designed or adapted for the

discharge of any noxious liquid, gas or other such thing,

(ii)accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof,
(iii)parts of, and machinery for manufacturing, firearms, and
(iv)carriages, platforms and appliances for mounting, transporting and serving artillery. --------------------------------------------------------------------- 12-1971). 34A

↩1.Subs. by Act 55 of 1971, s. 2, for the former cl. (d) (w.e.f. 13-

(f)"licensing authority" means an officer or authority

empowered to grant or renew licences under rules made

under this Act, and includes the Government;

1*[(ff) "magistrate" means an Executive Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974);]

(g)"prescribed" means prescribed by rules made under this Act,
(h)"prohibited ammunition" means any ammunition containing

or designed	or adapted to contain, any noxious liquid,
gas or	other such	thing, and includes rockets, bombs,
grenades, shells, 2*[missiles]	articles designed for
torpedo service and submarine	mining and	such	other

articles as the Central Government may, by notification

in the Official Gazette, specify to be prohibited

ammunition;

(i)"prohibited arms" means--
(i)firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be dis- --------------------------------------------------------------------- charged until pressure is removed from the trigger

↩1.Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983).

↩2.Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988).

or the magazine containing the missiles is empty,

(ii)weapons of any description designed or

adapted for the discharge of any noxious liquid,

gas or other such thing,

and includes	artillery, anti-aircraft and anti-tank firearms and such
other arms	as the	Central Government may, by	notification	in	the

Official Gazette, specify to be prohibited arms;

(j)"public servant" has the same meaning as in section 21 of the Indian Penal Code; (45 of 1860.)
(k)"transfer", with its grammatical variations and cognate

expressions, includes letting on hire, lending, giving

and parting with possession.

(2)For the purposes of this Act, the length of the barrel of a

firearm shall be measured from the muzzle to the point at which the

charge is exploded on firing.

(3)Any reference in this Act to any law which is not in force in

any area shall, in relation to that area, be construed as a reference

to the corresponding law, if any, in force in that area.

(4)Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with

the same	designation, be	construed as a reference to such officer or
authority	as may	be	specified	by	the	Central Government	by

notification in the Official Gazette.

CHAP

ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT ANDTRANSPORT OF ARMS AND AMMUNITION

Summary

Acquisition is defined broadly to include not just purchasing a weapon, but also hiring, borrowing, or accepting one as a gift.
Ammunition includes rockets, bombs, grenades, shells, other missiles, articles for torpedo service, explosives, fuses, and even parts or machinery used to make ammunition.
Arms means any article designed or adapted as a weapon for offense or defense, including firearms and sharp-edged weapons, but excluding everyday domestic or agricultural tools like standard lathis, walking sticks, or toys.
Firearms are weapons designed to fire projectiles using explosives or other energy, including artillery, hand-grenades, riot-pistols, silencers, and machinery for making them.
Transfer is defined to include renting, lending, giving, or otherwise parting with the possession of a weapon or ammunition.
A licence under this law can be in traditional paper format or in electronic form.

Practical examples

1A farmer named Amit has an ordinary wooden lathi that he uses to herd his cows. Under this law, Amit does not need a licence for his lathi because the definition of arms in Section 2 specifically excludes articles designed solely for domestic or agricultural uses, such as a lathi.

2Ramesh borrowed a rifle from his friend Suresh for a weekend. Under Section 2, because acquisition is defined to include borrowing, Ramesh has legally acquired a firearm and must hold a valid licence, while Suresh has transferred it because transfer includes lending.

3Priya has a broken handgun that cannot fire because a key internal spring is missing. However, she still needs a licence because Section 2 defines firearms to include parts of firearms, meaning even individual components of a firearm are regulated.

FAQ

1. Does borrowing a gun from a friend count as acquiring it under this law?

Yes, Section 2 defines acquisition to include borrowing, hiring, or accepting a weapon as a gift, which means you must have a licence even if you do not own the weapon.

2. Are normal household items like kitchen knives or wooden walking sticks considered arms?

No, Section 2 excludes articles designed solely for domestic or agricultural uses, such as a lathi or an ordinary walking stick, as well as toys that cannot be converted into real weapons.

3. Does a licence have to be a physical paper document?

No, Section 2 defines a licence to include a licence issued in electronic form as well as paper.

4. If I lend my licensed gun to a family member, does that count as a transfer?

Yes, Section 2 defines transfer to include letting on hire, lending, giving, or parting with possession in any way, meaning you cannot lend a firearm unless the other person is legally authorized.

Test yourself

Q1.Under Section 2 of The Arms Act, 1959, which of the following actions is included in the definition of the term acquisition?

Q2.Under Section 2 of The Arms Act, 1959, which of the following items is explicitly excluded from the definition of arms?

Q3.Under the definitions in Section 2 of The Arms Act, 1959, read together with the deposit rules in Section 21, if a person's electronic licence expires and they fail to deposit a spare trigger mechanism they own, have they violated the law?

Q4.Under Section 2 of The Arms Act, 1959, if a person lends their licensed rifle to a neighbour, how is this action classified under the definitions?

Q5.Under Section 2 of The Arms Act, 1959, read with Section 21, if a person has in their possession a quantity of safety fuses and charges for firearms after their licence is revoked, what are they required to do with these items?

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