Chapter IV - Powers and Procedure
Section 24 of the Arms Act, 1959: Seizure and Detention under Central Government Orders
Section 24 of the Arms Act, 1959 gives the Central Government a special power to order seizure of arms or ammunition in the possession of any person and to detain them for such period as it considers necessary for public peace and safety. The power can operate even where the person is otherwise legally entitled to possess the arms or ammunition.
- Text of Section 24
- Scope of the Central Government power
- Can lawfully held arms be seized?
- Public peace and safety requirement
- How long can the arms be detained?
- Section 24 is not an ordinary search power
- Sections 22, 23, 24 and 24A compared
- Arms Rules and official notifications
- Official legal sources
Text of Section 24 of the Arms Act, 1959
24. Seizure and detention under orders of the Central Government.
The Central Government may at any time order the seizure of any arms or ammunition in the possession of any person, notwithstanding that such person is entitled by virtue of this Act or any other law for the time being in force to have the same in his possession, and may detain the same for such period as it thinks necessary for the public peace and safety.
Scope of the Central Government's Power under Section 24
Section 24 gives the power directly to the Central Government. It authorises the Government to order seizure of arms or ammunition that are in the possession of any person.
The section does not limit the power to a particular category of licence-holder or to a person already accused of an offence. Its statutory focus is the possession of arms or ammunition and the necessity of detention for public peace and safety.
Section 24 should be distinguished from provisions that confer operational search or seizure powers on Magistrates, police officers or other authorised officers. The legal source of the power under Section 24 is an order of the Central Government.
Can Arms Be Seized Even If Possession Is Otherwise Lawful?
Yes. Section 24 expressly provides that the seizure power applies notwithstanding that the person is legally entitled under the Arms Act or another law to possess the arms or ammunition.
A valid arms licence or another legal entitlement therefore does not, by itself, prevent the Central Government from issuing an order under Section 24.
This is one of the principal differences between Section 24 and provisions concerned with possession that has itself become unlawful.
Public Peace and Safety Are the Statutory Purpose
The detention power under Section 24 is expressly connected to public peace and safety. The Central Government may detain the seized arms or ammunition for such period as it thinks necessary for that purpose.
The provision should therefore be read as a preventive public-safety power rather than merely as a punishment or a routine consequence of an Arms Act offence.
How Long Can Arms or Ammunition Be Detained under Section 24?
Section 24 does not prescribe a fixed maximum number of days. Instead, it permits detention for such period as the Central Government considers necessary for public peace and safety.
This differs from Section 24A, under which the first disturbed-area notification and each individual extension are subject to express ninety-day limits.
Section 24 Is Not an Ordinary Police Search Power
Section 24 itself does not set out a separate power to enter premises, stop vehicles or search persons. Those matters are dealt with by other provisions of the Arms Act and by applicable criminal-procedure law.
For example:
- Section 22 deals with search and seizure by or under the authority of a Magistrate;
- Section 23 deals with stopping and searching vessels, vehicles and other conveyances; and
- Section 24A creates a notification-based disturbed-area regime with special search-and-seizure powers.
Sections 22, 23, 24 and 24A Compared
| Provision | Main power | Key statutory basis |
|---|---|---|
| Section 22 | Search of house or premises and seizure by Magistrate | Reason to believe unlawful purpose or danger to public peace or safety, with reasons recorded |
| Section 23 | Stop and search vessel, vehicle or other conveyance and seize arms, ammunition and conveyance | Ascertain whether an Arms Act or Rules contravention is being or is likely to be committed |
| Section 24 | Central Government order for seizure and detention of arms or ammunition | Detention considered necessary for public peace and safety, even where possession is otherwise lawful |
| Section 24A | Notification-based prohibition, deposit, search and seizure regime for notified arms in disturbed areas | Extensive disturbance of public peace and tranquillity or imminent danger, plus necessity or expediency to prevent offences involving arms |
Arms Rules, 2016 and Official Notifications
The Arms Rules, 2016 are the principal rules under the Arms Act. The Ministry of Home Affairs publishes the Rules, amendments and Arms Act notifications through its official notifications system.
Section 24 itself is a direct statutory power of the Central Government. In a specific case, the actual Government order, its scope, the arms or ammunition covered, the period of detention and the stated public-safety basis should be examined together with the Act and any applicable rules or notifications.
Important: Section 24 is unusually broad because it may operate even against otherwise lawful possession. At the same time, its detention purpose is expressly public peace and safety. A specific seizure should therefore be assessed from the actual Central Government order and the facts to which that order applies.
Official Legal Sources
Related Arms Act Provisions
See also Section 21 on deposit when possession ceases to be lawful, Section 22 on search and seizure by Magistrate, Section 23 on search of vessels and vehicles, Section 24A on notified arms in disturbed areas, and Section 24B on carrying notified arms through public places in disturbed areas.
Last reviewed: September 7, 2026.