Section 2 of the Arms Act, 1959: Definitions and Interpretation

Section 2 of the Arms Act, 1959 is the principal definition provision of the Act. It explains expressions such as "acquisition", "ammunition", "arms", "firearms", "licence", "prohibited ammunition", "prohibited arms" and "transfer", and also contains rules for interpreting statutory references and measuring firearm barrel length.

Current-law note: The statutory text below preserves the wording of Section 2. Clause (ea), defining "licence" to include an electronic licence, was inserted by the Arms (Amendment) Act, 2019. References in clauses (ff) and (j) to the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 remain part of the published Arms Act text. For present-day criminal-law context, the Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024.

Section 2 - Definitions and interpretation

(1) In this Act, unless the context otherwise requires,-

(a) "acquisition", with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift;

(b) "ammunition" means ammunition for any firearm, and includes-

(i) rockets, bombs, grenades, shells and other missiles,

(ii) articles designed for torpedo service and submarine mining,

(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,

(iv) charges for firearms and accessories for such charges,

(v) fuses and friction tubes,

(vi) parts of, and machinery for manufacturing, ammunition, and

(vii) such ingredients of ammunition as the Central Government may, by notification in the Official Gazette, specify in this behalf;

(c) "arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;

Amendment note: In clause (b)(i), "and other missiles" was substituted by Act 42 of 1988 with effect from 27 May 1988.

(d) "district magistrate", in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or part;

(e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes-

(i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing,

(ii) accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof,

(iii) parts of, and machinery for manufacturing, firearms, and

(iv) carriages, platforms and appliances for mounting, transporting and serving artillery;

(ea) "licence" means a licence issued in accordance with the provisions of this Act and rules made thereunder and includes a licence issued in the electronic form;

(f) "licensing authority" means an officer or authority empowered to grant or renew licences under rules made under this Act, and includes the Government;

(ff) "magistrate" means an Executive Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974);

(g) "prescribed" means prescribed by rules made under this Act;

(h) "prohibited ammunition" means any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, missiles, articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition;

(i) "prohibited arms" means-

(i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty, or

(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms;

(j) "public servant" has the same meaning as in section 21 of the Indian Penal Code (45 of 1860);

(k) "transfer", with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession.

Amendment notes: Clause (d) was substituted by Act 55 of 1971. Clause (ea) was inserted by Act 48 of 2019. Clause (ff) was inserted by Act 25 of 1983. The word "missiles" in clause (h) was inserted by Act 42 of 1988.

(2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing.

(3) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.

Key definitions explained

Acquisition: The concept is wider than purchase. It expressly includes hiring, borrowing and accepting an arm or ammunition as a gift.
Ammunition: The definition extends beyond cartridges and includes specified explosive articles, firearm charges, fuses, relevant parts and machinery, and ingredients notified by the Central Government.
Arms: The term covers articles designed or adapted as weapons for offence or defence, including firearms and other deadly weapons. Ordinary domestic or agricultural articles such as a lathi or walking stick are excluded when designed solely for those uses.
Firearms: The definition focuses on arms capable of discharging projectiles by explosive action or other forms of energy and also includes specified accessories, parts, manufacturing machinery and artillery mounting or transport appliances.
Licence: Since the 2019 amendment, the Act expressly recognises a licence issued in electronic form.
Prohibited arms and prohibited ammunition: These are specially defined categories that include the items described in clauses (h) and (i), together with other arms or ammunition that the Central Government may specify by Gazette notification.
Transfer: The expression is not limited to sale. It includes letting on hire, lending, giving and otherwise parting with possession.

Current criminal-law context

Executive Magistrate: Clause (ff) of Section 2 still refers to an Executive Magistrate under the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 is now the principal criminal-procedure legislation in force, and Section 14 of the BNSS deals with Executive Magistrates.

Public servant: Clause (j) still refers to Section 21 of the Indian Penal Code, 1860. The Bharatiya Nyaya Sanhita, 2023 is now in force and defines "public servant" in Section 2(28). Section 8 of the General Clauses Act, 1897 provides the general rule for construing references where a provision is repealed and re-enacted, unless a different intention appears.

This page is a statutory information resource. For a particular licence, prosecution, exemption, notification or administrative issue, the latest Gazette notifications, applicable Arms Rules and case-specific facts should also be checked.