Section 29 of the Arms Act, 1959: Purchasing Arms from an Unlicensed Person or Delivering Arms to an Unauthorised Person
Section 29 of the Arms Act, 1959 deals with two related offences. The first concerns knowingly purchasing specified arms or ammunition from a person who is not licensed or authorised under Section 5. The second concerns delivering arms or ammunition to another person without first ascertaining that the recipient is legally entitled to possess them and is not prohibited from doing so.
Section 29: Punishment for knowingly purchasing arms from an unlicensed person or delivering arms to a person not entitled to possess them
Clause (a): A person commits the offence if he purchases any firearms, any other arms of such class or description as may be prescribed, or any ammunition from another person knowing that the other person is not licensed or authorised under Section 5.
Clause (b): A person also commits the offence if he delivers any arms or ammunition into the possession of another person without previously ascertaining that the recipient is entitled, under the Arms Act or any other law for the time being in force, to possess them and is not prohibited by such law from possessing them.
Punishment: Imprisonment for a term which may extend to three years, or fine, or both.
| Provision | Conduct covered | Required legal element |
|---|---|---|
| Section 29(a) | Purchase of specified arms or ammunition from another person | Knowledge that the seller is not licensed or authorised under Section 5 |
| Section 29(b) | Delivery of arms or ammunition into another person's possession | Failure to first ascertain that the recipient is legally entitled and not prohibited from possessing them |
| Punishment | Imprisonment up to three years, or fine, or both | |
Section 29(a): Knowingly purchasing arms or ammunition from an unlicensed person
Clause (a) applies to the purchase of firearms, other prescribed classes or descriptions of arms, or ammunition. The statutory wording requires that the purchaser know that the person from whom the purchase is made is not licensed or authorised under Section 5.
The knowledge requirement is therefore central to clause (a). Whether it is established in a particular prosecution depends on the admissible evidence and the surrounding facts and circumstances.
Section 29(b): Delivering arms or ammunition to a person not entitled to possess them
Clause (b) addresses delivery rather than purchase. Before delivering arms or ammunition into another person's possession, the person making the delivery must ascertain that the recipient is entitled under the Arms Act or another applicable law to possess them.
The statutory requirement is twofold: the recipient must be legally entitled to possess the arms or ammunition, and the recipient must not be prohibited by the Arms Act or another applicable law from having them in possession.
What is Section 5 and why is it relevant to Section 29?
Section 5 of the Arms Act regulates specified activities involving arms and ammunition, including manufacture, sale, transfer, conversion, repair, testing and proof, subject to the licensing requirements and statutory conditions contained in the Act.
Section 29(a) expressly refers to a seller who is not licensed or authorised under Section 5. Accordingly, the licensing or authorisation status of the seller is an important element when clause (a) is invoked.
Essential ingredients of Section 29
Section 29 does not create a single undifferentiated offence. Clause (a) and clause (b) address different conduct and contain different legal requirements.
For Section 29(a)
The prosecution must establish a purchase of firearms, prescribed arms, or ammunition from another person and the purchaser's knowledge that the seller was not licensed or authorised under Section 5.
For Section 29(b)
The relevant conduct is delivery of arms or ammunition into another person's possession without first ascertaining the recipient's legal entitlement to possess them and the absence of a legal prohibition against such possession.
1983 amendment to the punishment under Section 29
The punishment wording in Section 29 was substituted by the Arms (Amendment) Act, 1983 with effect from 22 June 1983. The provision, as reproduced in the statutory text, prescribes imprisonment for a term which may extend to three years, or fine, or both.
Official legal sources
For the authoritative and current statutory text, consult the India Code Arms Act, 1959 page and the Ministry of Home Affairs copy of the Arms Act, 1959.
This article is intended as a legal information resource. The application of Section 29 in an individual case depends on the facts, evidence, licensing status, nature of the arms or ammunition, date of the alleged conduct, and other applicable legal provisions.