Section 26 of the Arms Act, 1959: Secret Contraventions
Section 26 of the Arms Act, 1959 deals with specified Arms Act contraventions committed in a manner indicating an intention to keep the act hidden from a public servant or from persons working on a railway, aircraft, vessel, vehicle or other means of conveyance. It also separately punishes concealment or attempted concealment of arms or ammunition when a search is made under Section 22.
- Sub-section (1) applies to secret contraventions of Sections 3, 4, 10 or 12.
- Sub-section (2) applies to secret contraventions of Sections 5, 6, 7 or 11 and carries a higher minimum sentence.
- Sub-section (3) applies where arms or ammunition are concealed or attempted to be concealed during a search under Section 22.
- The secrecy element in sub-sections (1) and (2) is central: the manner of the act must indicate an intention that it not be known to the persons specified in the provision.
Punishment under Section 26
| Provision | Conduct covered | Punishment |
|---|---|---|
| Section 26(1) | Secret contravention of Section 3, 4, 10 or 12 | Minimum 6 months; may extend to 7 years; fine also applies |
| Section 26(2) | Secret contravention of Section 5, 6, 7 or 11 | Minimum 5 years; may extend to 10 years; fine also applies |
| Section 26(3) | Concealing or attempting to conceal arms or ammunition during a search under Section 22 | May extend to 10 years; fine also applies |
Text of Section 26 - Arms Act, 1959
26. Secret contraventions.
(1) Whoever does any act in contravention of any of the provisions of Section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and also with fine.
(2) Whoever does any act in contravention of any of the provisions of Section 5, 6, 7 or 11 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and also with fine.
(3) Whoever on any search being made under Section 22 conceals or attempts to conceal any arms or ammunition, shall be punishable with imprisonment for a term which may extend to ten years and also with fine.
Meaning and legal ingredients of a secret contravention
Section 26 is not triggered merely because one of the referenced provisions has been contravened. Under sub-sections (1) and (2), the contravention must be committed in a manner indicating an intention that the act may not be known to a public servant or to a person employed or working upon a railway, aircraft, vessel, vehicle or other means of conveyance.
What do the referenced sections cover?
Section 3
Section 3 concerns the licence requirement for acquisition and possession of firearms and ammunition, subject to the Act and applicable exceptions.
Section 4
Section 4 empowers the Central Government to require a licence for acquisition, possession or carrying of arms of specified descriptions in a notified area where the statutory conditions are met.
Section 5
Section 5 deals with licensing for manufacture, sale, transfer, conversion, repair, testing or proving of arms and ammunition and specified related transactions.
Section 6
Section 6 deals with licensing for shortening the barrel of a firearm, conversion of an imitation firearm into a firearm and other conversions covered by the current statutory text.
Section 7
Section 7 prohibits acquisition, possession, manufacture, sale and specified dealings involving prohibited arms or prohibited ammunition except as authorised under the Act.
Section 10
Section 10 regulates import into and export from India of arms or ammunition through the licensing framework provided by the Act.
Section 11
Section 11 empowers the Central Government, by notification, to prohibit bringing into or taking out of India arms or ammunition of specified classes or descriptions.
Section 12
Section 12 empowers the Central Government to restrict or prohibit transport of arms or ammunition in the circumstances and manner stated in the provision.
Section 22
Section 22 concerns search and seizure by a Magistrate where the statutory grounds for issuing a search warrant or conducting the search are satisfied.
Arms and ammunition
The expressions "arms" and "ammunition" are defined in Section 2 of the Arms Act and should be read according to those statutory definitions and exclusions.
Section 26(1): secret violations of Sections 3, 4, 10 or 12
Sub-section (1) covers specified licensing, import-export and transport contraventions when committed with the secrecy-related element stated in Section 26. The prescribed sentence is imprisonment of not less than six months and up to seven years, together with fine.
Section 26(2): secret violations of Sections 5, 6, 7 or 11
Sub-section (2) concerns more serious categories including manufacture or sale, conversion of firearms, prohibited arms or prohibited ammunition, and contravention of a Central Government prohibition on import or export. When the secrecy element is present, the punishment is imprisonment of not less than five years and up to ten years, together with fine.
Section 26(3): concealment during a Section 22 search
Sub-section (3) creates a distinct offence where, during a search being made under Section 22, a person conceals or attempts to conceal any arms or ammunition. The sentence may extend to ten years and also includes fine. Unlike sub-sections (1) and (2), the wording focuses directly on concealment or attempted concealment during the statutory search.
Related procedure and sanction issues
A Section 26 case may require examination of the specific underlying provision, the existence and validity of any licence, notification, restriction or prohibition, and the factual material said to establish secrecy or concealment. Where the underlying allegation involves Section 3, Section 39, concerning previous sanction of the District Magistrate for prosecution in respect of an offence under Section 3, should also be examined on the facts of the case.
Related Arms Act provisions
Section 26 should be read with the substantive provisions it incorporates and with nearby penalty provisions. Relevant internal references include Section 22, Section 25, Section 27 and Sections 38 to 40.
Frequently asked questions
What is a secret contravention under Section 26?
For sub-sections (1) and (2), it is a contravention of one of the specified Arms Act provisions committed in a manner indicating an intention that the act may not be known to a public servant or to the other persons specified in the section.
What is the punishment under Section 26(1)?
The punishment is imprisonment for not less than six months and up to seven years, together with fine.
What is the punishment under Section 26(2)?
The punishment is imprisonment for not less than five years and up to ten years, together with fine.
Is attempted concealment during a search punishable?
Yes. Section 26(3) expressly covers both concealment and attempted concealment of arms or ammunition during a search under Section 22, with imprisonment that may extend to ten years and fine.