Section 21 of THE ARMS ACT, 1959
- (1)Any person having in his possession any arms or ammunition the
| possession whereof | has, in | consequence | of | the | expiration | of | the |
|---|---|---|---|---|---|---|---|
| duration of | a licence or of the suspension or revocation of a licence | ||||||
| or by | the issue | of a notification under | section 4 or by any reason |
whatever, ceased to be lawful, shall without unnecessary delay deposit
| the same | either with | the officer | in charge | of the | nearest police |
|---|---|---|---|---|---|
| station or | subject to such conditions | as may | be prescribed, with a | ||
| licensed dealer | or where | such person is a member of the armed forces |
of the Union, in a unit armoury.
Explanation.--In this sub-section "unit armoury" includes an
armoury in a ship or establishment of the Indian Navy.
- (2)Where arms or ammunition have or has been deposited under sub-section (1), the depositor or in the case of his death, his legal representative, shall, at any time before the expiry of such period as may be prescribed, be entitled--
- (a)to receive back anything so deposited on his becoming entitled by virtue of this Act or any other law for the time being in force to have the same in his possession, or
- (b)to dispose, or authorise the disposal, of anything so
| deposited by | sale or | otherwise to any person entitled | ||
|---|---|---|---|---|
| by virtue | of this | Act or | any other | law for the time |
| being in | force to | have, or not prohibited by this Act |
or such other law from having, the same in his
possession and to receive the proceeds of any such
disposal:
Provided that nothing in this sub-section shall be deemed to
authorise the return or disposal of anything of which confiscation has been directed under section 32.
- (3)All things deposited and not received back or disposed of
under sub-section (2) within the period therein referred to shall be
forfeited to Government by order of the district magistrate:
| Provided that | in the | case of | suspension of | a licence | no such |
|---|---|---|---|---|---|
| forfeiture shall | be ordered | in respect | of a thing covered | by | the |
licence during the period of suspension.
- (4)Before making an order under sub-section (3) the district magistrate shall, by notice in writing to be served upon the depositor
| or in | the case | of his | death, upon | his legal representative, in the | |
|---|---|---|---|---|---|
| prescribed manner, | require him | to show cause within thirty days from | |||
| the service | of the | notice why | the things | specified in | the notice |
should not be forfeited.
- (5)After considering the cause, if any, shown by the depositor
or, as the case may be, his legal representative, the district
magistrate shall pass such order as he thinks fit.
- (6)The Government may at any time return to the depositor or his legal representative things forfeited to it or the proceeds of disposal thereof wholly or in part. 22. Search and seizure by magistrate.
Summary
- It requires individuals to deposit their arms and ammunition immediately if their possession of them becomes illegal for any reason, such as license expiration, suspension, or revocation.
- Deposited items must be handed over to the nearest police station, a licensed arms dealer, or a military unit armoury for armed forces members.
- The owner or their legal heir has a set time to retrieve the weapons if they become legally entitled to them, or to sell them to a licensed buyer.
- Items that are not reclaimed or sold within the allowed timeframe will be permanently taken by the government through a District Magistrate's order.
- Before any items are taken permanently, the District Magistrate must issue a written notice allowing thirty days to show cause why they should not be forfeited.
- This permanent loss of property cannot occur while a license is merely suspended, and the government can choose to return forfeited items or money at any time.
Practical examples
FAQ
1. Where must I deposit my weapons if my license is revoked under the Indian Arms Act?
Under Section 21 of the Indian Arms Act, if your possession becomes unlawful, you must deposit your weapons without unnecessary delay at the nearest police station, with a licensed dealer under prescribed conditions, or in a military unit armoury if you are in the armed forces.
2. Can my family reclaim my deposited gun if I pass away under the Arms Act?
Yes, under Section 21 of the Arms Act, if the original depositor dies, their legal representative can claim the weapons back once they become legally entitled to possess them, or authorize their sale within the allowed time limit.
3. What is the notice period before my deposited weapons are forfeited under Section 21 of the Arms Act?
Before ordering forfeiture, the District Magistrate must send a written notice to the depositor or their legal representative, giving them thirty days to show cause why the weapons should not be forfeited under Section 21 of the Arms Act.
4. Can a District Magistrate forfeit my weapon if my license is suspended under the Arms Act?
No, Section 21 of the Arms Act explicitly states that no forfeiture can be ordered for a deposited weapon during the period that its license is suspended.
Test yourself
Q1.Under Section 21 of the Arms Act, 1959, what is an authorized place for a member of the armed forces of the Union to deposit their weapons when possession ceases to be lawful?
Q2.Under Section 21 of the Arms Act, 1959, how much time does a depositor or their legal heir have to show cause why their weapons should not be forfeited?
Q3.Under Section 21 of the Arms Act, 1959, can a District Magistrate order the forfeiture of weapons while the owner's license is suspended?
Q4.If an owner's gun has been ordered to be confiscated under Section 32 of the Arms Act, 1959, how does this affect their rights under Section 21 of the Arms Act, 1959?