Section 18 of the Arms Act, 1959: Appeals Against Arms Licence Orders
Section 18 of the Arms Act, 1959 provides a statutory appeal against specified arms-licensing orders, including refusal to grant a licence, variation of licence conditions, and suspension or revocation of a licence. The Arms Rules, 2016 prescribe the appellate authority, time limit, procedure and appeal fee.
Text of Section 18 of the Arms Act, 1959
18. Appeals.
(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence, or by an order of the licensing authority or the authority to whom the licensing authority is subordinate suspending or revoking a licence, may prefer an appeal against that order to the prescribed appellate authority within the prescribed period:
Provided that no appeal shall lie against any order made by, or under the direction of, the Government.
(2) No appeal shall be admitted if it is preferred after expiry of the prescribed period:
Provided that an appeal may be admitted after expiry of that period if the appellant satisfies the appellate authority that there was sufficient cause for not preferring the appeal within time.
(3) The period prescribed for an appeal shall be computed in accordance with the provisions referred to in the statutory text concerning computation of limitation.
(4) Every appeal shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against, where such statement has been furnished to the appellant, and by the prescribed fee.
(5) In disposing of an appeal the appellate authority shall follow the prescribed procedure:
Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(6) The order appealed against shall remain in force pending disposal of the appeal unless the appellate authority conditionally or unconditionally directs otherwise.
(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.
The official consolidated text of Section 18(3) still contains a historic reference to the Indian Limitation Act, 1908. That Act has since been replaced by the Limitation Act, 1963. The statutory wording should therefore be read together with the current law governing computation of limitation where relevant.
Which Arms Licence Orders Can Be Appealed?
Section 18(1), read with Rule 107 of the Arms Rules, 2016, covers appeals against specified licensing orders. These include:
- refusal to grant an arms licence;
- refusal to renew a licence;
- refusal to grant a no-objection certificate where covered by the Rules;
- variation of a licence condition; and
- suspension or revocation under the relevant provisions of Section 17.
The concerned appellate authority depends on the authority that passed the original order. Rule 105 of the Arms Rules, 2016 contains the appellate-authority table.
When Does No Appeal Lie under Section 18?
The proviso to Section 18(1) states that no statutory appeal lies against an order made by, or under the direction of, the Government.
This limitation should be distinguished from an ordinary order passed by a licensing authority or its superior authority, which may be appealable under Section 18 and the Arms Rules, 2016.
Time Limit for Filing an Appeal: 30 Days
Rule 107 of the Arms Rules, 2016 provides that an aggrieved person may prefer an appeal within 30 days from the date of issue of the impugned order.
Section 18(2) permits a delayed appeal to be admitted where the appellant satisfies the appellate authority that sufficient cause prevented filing within the prescribed period.
A delayed appeal should therefore explain the period of delay and the facts constituting sufficient cause, supported by relevant documents where available.
Appeal Petition, Documents and Fee
Section 18(4) requires the appeal to be made by a petition in writing. Where the appellant has been furnished a brief statement of the reasons for the impugned order, that statement must accompany the appeal.
Rule 109 of the Arms Rules, 2016 prescribes a fee of Rs. 1,000 for every petition for appeal under Section 18(1).
| Requirement | Current position |
|---|---|
| Form of appeal | Petition in writing |
| Time limit | 30 days from date of issue of the order under Rule 107 |
| Delay | May be condoned on sufficient cause under Section 18(2) |
| Reasons for impugned order | Brief statement to accompany appeal where furnished to appellant |
| Appeal fee | Rs. 1,000 under Rule 109 |
Right to Hearing and Procedure before the Appellate Authority
Section 18(5) guarantees the appellant a reasonable opportunity of being heard before the appeal is disposed of.
Rule 108 authorises the appellate authority to call for the records of the case from the authority that passed the impugned order. After giving the appellant a reasonable opportunity of hearing, the appellate authority is required to pass final orders within 60 days of receipt of the appeal.
Does Filing an Appeal Automatically Stay the Original Order?
No. Section 18(6) provides that the order under appeal continues to remain in force while the appeal is pending unless the appellate authority directs otherwise, either conditionally or unconditionally.
An appellant who requires interim protection should therefore seek an appropriate direction from the appellate authority rather than assume that filing the appeal itself suspends the original order.
Finality of the Appellate Authority's Order
Section 18(7) states that an order of the appellate authority confirming, modifying or reversing the impugned order is final under the statutory appeal mechanism.
The appellate authority may therefore affirm the original decision, change it, or reverse it after considering the appeal and giving the appellant the required opportunity of hearing.
Important: An arms-licence appeal should be prepared from the actual impugned order, the reasons recorded by the licensing authority, relevant police or administrative material, applicable licence conditions and the current Arms Rules. Limitation should be checked immediately because Rule 107 provides a 30-day filing period.
Official Legal Sources
Related Arms Act Provisions
See also Section 13 on grant of licences, Section 14 on refusal of licences, Section 15 on duration and renewal, Section 16 on fees and conditions, and Section 17 on variation, suspension and revocation.
Last reviewed: September 7, 2026.