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Section 36 of THE ARMS ACT, 1959

person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which shall lie

upon such	person, give	information of	the same	to the	officer	in
charge of	the	nearest	police	station	or	the	magistrate having

jurisdiction.

(2)Every person employed or working upon any railway, aircraft,

vessel, vehicle	or other means of conveyance shall, in the absence of
reasonable excuse	the burden	of proving	which shall lie upon	such
person, give	information to	the officer	in charge	of	the	nearest

police station regarding any box, package or bale in transit which he

may have reason to suspect contains arms or ammunition in respect of

which an offence under this Act has been or is being committed.

37.

Arrest and searches.

Summary

This provision requires people to report gun-related offences to the authorities.
Anyone who knows that an offence under this law has been committed must inform the nearest police station or magistrate.
Transport workers must report any transit package, box, or bale they suspect contains illegal weapons.
A person is excused from reporting only if they have a "reasonable excuse" and can prove it.

Practical examples

1Geeta is a housemaker in Ranchi. She discovers that her neighbor has purchased an unlicensed automatic rifle and is boasting about it. Knowing this is a crime, under Section 36 of the Arms Act, she must report this to the local police station or magistrate, unless she has a valid safety reason that a court would accept as a reasonable excuse.

2Harpreet works as a luggage handler for a private bus service. During his shift on November 12, 2025, he notices a heavy, metal-lined box that smells of gunpowder and clanks with gun parts. Under Section 36 of this firearms statute, Harpreet must report his suspicion about this transit package to the officer in charge of the nearest police station.

FAQ

1. Who must you report gun offences to under Section 36 of The Arms Act, 1959?

Under Section 36 of The Arms Act, 1959, you must report the offence to the officer in charge of the nearest police station or to the magistrate who has jurisdiction.

2. Does Section 36 of The Arms Act, 1959 apply to workers in transport services?

Yes, Section 36 of The Arms Act, 1959 specifically requires anyone working on a railway, aircraft, vessel, vehicle, or other transport conveyance to report suspicious packages in transit.

3. What is the burden of proof for not reporting an offence under Section 36 of The Arms Act, 1959?

Under Section 36 of The Arms Act, 1959, if you fail to report an offence, the burden of proving that you had a "reasonable excuse" lies entirely on you.

4. What suspicious items in transit must a transport worker report under Section 36 of The Arms Act, 1959?

Under Section 36 of The Arms Act, 1959, a transport worker must report any box, package, or bale in transit which they have reason to suspect contains illegal arms or ammunition.

Test yourself

Q1.Under Section 36 of The Arms Act, 1959, who is required to report an offence under the Act when they become aware of it?

Q2.Under Section 36 of The Arms Act, 1959, who has the burden of proving there was a reasonable excuse for failing to report a known arms offence?

Q3.Under Section 36 of The Arms Act, 1959, what specific types of transit containers must a railway or aircraft employee report if they suspect they contain illegal arms?

Q4.Under Section 36 of The Arms Act, 1959, what is the penalty for failing to report a known offence, and which other section is cross-referenced?

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