Section 23 of THE ARMS ACT, 1959
| any police | officer or any other | officer specially | powered in | this |
|---|---|---|---|---|
| behalf by | the Central Government, may for the purpose of ascertaining | |||
| whether any | contravention of this Act or the rules made thereunder is |
| being or | is likely | to be | committed, stop | and | search | any | vessel, |
|---|---|---|---|---|---|---|---|
| vehicle or | other means of conveyance and seize any arms or ammunition | ||||||
| that may | be found | therein along | with such | vessel, vehicle or other |
means of conveyance.
24.
Seizure and detention under orders of the Central Government.
Summary
- It empowers police officers, magistrates, and other authorized officials to stop and search any vehicle, vessel, or means of transport.
- The purpose of this search must be to check if the Arms Act or its rules are being broken or are likely to be broken.
- Officials are authorized to seize any weapons or ammunition discovered during the search of the transport.
- The law allows the officials to seize the vehicle, boat, or conveyance itself along with the illegal weapons found inside.
- Unlike searches of homes, this search of vehicles can be initiated by any police officer without a magistrate being present.
Practical examples
FAQ
1. Who has the authority to search my car under Section 23 of the Arms Act?
Under Section 23 of the Arms Act, any magistrate, any police officer, or any other officer specially empowered by the Central Government has the authority to stop and search your vehicle.
2. Can the police seize my vehicle itself if they find illegal weapons inside under the Arms Act?
Yes, under Section 23 of the Arms Act, if officers find weapons or ammunition being carried in violation of the law, they can seize both the weapons and the vehicle, vessel, or means of conveyance itself.
3. Do officers need a warrant or a magistrate's presence to search a boat under Section 23 of the Arms Act?
No, under Section 23 of the Arms Act, any police officer or authorized official can stop and search a vessel or vehicle without a warrant or a magistrate's presence to check for violations of the Act.
Test yourself
Q1.Under Section 23 of the Arms Act, 1959, what can be seized by an officer in addition to any illegal arms or ammunition found inside a stopped vehicle?
Q2.Unlike a search of a house under Section 22 of the Arms Act, 1959, how can a search of a vehicle be conducted under Section 23 of the Arms Act, 1959?
Q3.Under Section 23 of the Arms Act, 1959, what is the required purpose for stopping and searching a vessel or vehicle?
Q4.Under Section 23 of the Arms Act, 1959, which of the following is an authorized target for a stop and search?