The Arms Act, 1959

Administered Ministry: Ministry of Home Affairs / Department of Internal Security

Act details

Short titleThe Arms Act, 1959
Long titleAn Act to consolidate and amend the law relating to arms and ammunition.
Act number54 of 1959
Act year1959
Enactment date23 Dec 1959
MinistryMinistry of Home Affairs / Department of Internal Security
DepartmentDepartment of Internal Security
JurisdictionCentral (Parliament of India)
Sections48
StatusNot repealed
Last checked on India Code4 Nov 2026
SourceIndia Code, Government of India

Summary

Summary of the Arms Act, 1959
Key Provisions
Licencing and Regulations
*Mandatory Licences: For acquisition, possession, manufacture, sale, import, export, and transport of arms and ammunition. *Prohibitions:
• Acquisition/possession of prohibited arms/ammunition.
• Sale/transfer of unmarked firearms.
• Transactions with minors or restricted persons.
Powers and Procedures
*Authority Powers: Police and authorized officers can demand licence production, arrest, and conduct searches. *Offences: Cognizable, with provisions for prosecution and penalties.
Exemptions
• Applies to arms/ammunition on sea-going vessels, aircraft (ordinary armament), and certain government/public servant uses.

Legislative history

Legislative History:

The Arms Act, 1959

Act Title - The Arms Act, 1959

Act Number / Year - 54 of 1959

Act ID (India Code) - 195954

Presidential Assent Date - December 23, 1959

Enforcement Date - October 1, 1962

Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

● Replacement of Colonial Gun Control Regime: Enacted to repeal and replace the repressive Indian Arms Act, 1878 introduced by the British colonial administration, which sought to disarm the Indian populace through arbitrary restrictions.

● Balance Between Public Safety and Lawful Possession: Formulated to establish a comprehensive statutory mechanism to curb illicit weapons, illegal trafficking, and violent crimes, while simultaneously defining clear administrative procedure for law-abiding citizens to acquire licensed arms for self-defense, sport, and protection.

Parliamentary Trajectory & Enactment

● Formulation: Introduced by the Ministry of Home Affairs to modernize and consolidate national laws governing firearms, prohibited arms, and military-grade ammunitions.

● Parliamentary Passage: Debated and passed by both Houses of Parliament (Second Lok Sabha and Rajya Sabha) during the 1959 session.

● Presidential Assent: Received Presidential Assent on December 23, 1959.

● Enforcement: Enforced on October 1, 1962.

Source: Official Record of Parliament, India Code, and Ministry of Home Affairs.