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THE ARMS ACT
CONTENTS
I — PRELIMINARY
Section.
1. Savings.
2-3. * * * *
4. Interpretation-clause.
II — MANUFACTURE, CONVERSION AND SALE
5. Unlicensed manufacture, conversion and sale
prohibited.
III— IMPORT, EXPORT AND TRANSPORT
6. Unlicensed importation and exportation prohibited.
Importation and exportation of arms and ammunition
for private use.
7. Sanction of President required to warehousing of
arms, etc.
8-9. * * * *
10. Power to prohibit transport.
Transshipment of arms.
11. Power to establish searching stations.
12. Arrest of persons conveying arms, etc., under
suspicious circumstances.
Procedure where arrest made by person not Magistrate or
police-officer.
IV.— GOING ARMED AND POSSESSING ARMS ETC
13. Prohibition of going armed without license.
14. Unlicensed possession of fire-arms, etc.
15. Possession of arms of any description without license
prohibited in certain places.
16. In certain cases arms to be deposited at
police-stations or with licensed dealers.
V — LICENSES
17. Power to make rules as to licenses.
18. Canceling and suspension of license.
18A. Power to make rules as to appeal or revision.
VI — PENALTIES
19. For breach of sections 5, 6, 10, 13 to 17.
20. For secret breaches of sections 5, 6, 10, 14 and
15.
For concealing arms, etc.
21. For breach of license.
22. For knowingly purchasing arms, etc., from
unlicensed person.
For delivering arms, etc., to person not
authorized to possess them.
23. Penalty for breach of rule.
24. Power to confiscate.
VlI — MISCELLANEOUS
25. Search and seizure by Magistrate.
26. Seizure and detention by Governor.
27. Power to exempt.
28. Information to be given regarding offences.
29. Sanction required to certain proceedings under
section 19, clause (f).
30. Searches in the case of offences against section 19,
clause (f), how conducted.
31. * * * *
32. Power to take census of fire-arms.
33. Notice and limitation of proceedings.
THE ARMS ACT
[INDIA ACT XI, 1878] (1st October, 1878)
I — PRELIMINARY
1. Nothing herein contained shall apply to —
(a) arms, ammunition or military stores on board any
sea-going vessel and forming part of her ordinary armament or
equipment, or
(b) the manufacture, conversion, sale, import, export,
transport, bearing or possession of arms, ammunition or military
stores by order of the Government, or by a public servant or a
member of either of the forces constituted by the Burma
Territorial Force Act or the Burma Auxiliary Force Act, in the
course of his duty as such public servant or member.
2-3. * * * *
4. Inn this Act, unless there be something repugnant in
the subject or context, —
“cannon” includes also all howitzers, mortars, wall-pieces,
mitrailleuses and other ordnance and machine-guns, all
parts of the same, and all carriages, platforms and appliances
for mounting, transporting and serving the same:
“arms’’ includes —
(i) clasp-knives the blades of which are pointed and
exceed three inches in length;
(ii) knives, with pointed blades rigidly affixed, or
capable of being rigidly affixed, to the handle, and measuring
in all over five inches in length which are not intended
exclusively for domestic, agricultural or industrial purposes:
provided that it shall be presumed until the contrary is proved
that knives of this description are not intended exclusively for
such purposes
(iii) knives of such other kinds as the President of the
Union may, by notification, prescribe; and
(iv) fire-arms, bayonets, swords, daggers, spears,
spear-heads and bows and arrows, also cannon and parts of arms,
and machinery for manufacturing arms;
“ammunition” includes also all articles specially designed for
torpedo service and submarine mining, rockets, gun-cotton,
dynamite, lithofracteur and other explosive or fulminating
material, gun-flint, gun-wads, Percussion-caps, fuses and
friction-tubes, all parts of ammunition and all machinery for
manufacturing ammunition, but does not include lead, suhphur or
saltpetre;
"military stores", in any section of this Act as applied to any
part of the Union of Burma, means any military stores to which
the President of the Union may from time to time, by
notification in the Gazette, specially extend such section in
stnch part, and includes also all lead, sulphur, saltpetre, and
other material to which the President of the Union may from time
to time so extend such section:
"licence" means a licence granted under this Act, and "licensed"
means holding such licence.
II — MANUFACTURE, CONVERSION AND SALE
5. No person shall manufacture, convert or sell, or keep,
offer or expose for sale, any arms, ammunition on military
stores, except under a licence and in the manner and to the
extent permitted thereby.
Nothing herein contained shall prevent any person from selling
any arms or ammunition which he lawfully possesses for his own
private use to any person who is not by any enactment for the
time being in force prohibited from possessing the same; but
every person so selling arms on ammunition to any person other
than a person entitled to possess the same by reason of an
exemption under section 27 of this Act shall, without
unnecessary delay, give to the District Magistrate, or to the
officer in charge of the nearest police-station, notice of the
sale and of the purchaser’s name and address.
III —IMPORT EXPORT AND TRANSPORT
6. No person shall bring or take by sea or by land into
or out of the Union of Burma any arms, ammunition or military
stores except under a licence and in the manner and to the
extent permitted by such licence.
Nothing in the first clause of this section extends to arms
(other than cannon) or ammunition imported or exported in
reasonable quantities for his own private use by any
person lawfully entitled to possess such arms or
ammunition; but the Collector of Customs or any other
officer empowered by the President of the Union in this behalf
by name or in virtue of his office may at any time detain such
arms or ammunition until he receives the orders of the President
of the Union thereon.
Explanation.—Arms, ammunition and military stones taken
from one part of the Union of Burma to another by sea, or across
intervening territory not being part of the Union of Burma, are
taken out of and brought into the Union of Burma within the
meaning of this section.
7. Notwithstanding anything contained in the Sea Customs
Act, no arms, ammunition or military stores shall be deposited
in any warehouse licensed under section 16 of that Act without
the sanction of the President of the Union.
8-9. * * * *
10. The President of the Union may, from time to time,
by notification in the Gazette, —
(a) regulate on prohibit the transport of any description
of arms, ammunition or military stores over the whole of the
Union of Burma or any part thereof, either altogether or except
under a licence and to the extent and in the manner permitted by
such licence, and
(b) * * * *
Explanation.— Arms, ammunition or military stores
transshipped at a port in the Union of Burma are transported
within the meaning of this section.
11. The President of the Union may, at any places along
the boundary-line between the Union of Burma and other
territory, and at such distance within such line as he deems
expedient, establish searching-posts at which all vessels, carts
and baggage-animals, and all boxes, bales and packages in
transit, may be stopped and searched for arms, ammunition and
military stores by any officer empowered by the President of the
Union in this behalf by name or in virtue of his office.
12. When any person is found carrying or conveying any
arms, ammunition or military stores, whether covered by a
licence or not, in such manner or under such circumstances as to
afford just grounds of suspicion that the same are being carried
by him with intent to use them, or that the same may be used,
for any unlawful purpose, any person may without warrant
apprehend him and take such arms, ammunition or military stores
from him.
Any person so apprehended, and any arms, ammunition or military
stores so taken by a person not being a Magistrate or
police-officer, shall be delivered over as soon as possible to a
police-officer.
All persons apprehended by, or delivered to, a police-officer,
and all arms and ammunition seized by or delivered to any such
officer under this section, shall be taken without unnecessary
delay before a Magistrate.
IV — GOING ARMED AND POSSESSING ARMS, ETC
13. No person shall go armed with any arms except under a
licence and to the extent and in the manner permitted thereby.
Any person so going armed without a licence or in contravention
of its provisions may be disarmed by any Magistrate,
police-officer or other person empowered by the President of the
Union in this behalf by name or by virtue of his office.
For the purposes of this section, “arms” includes also knives
with pointed blades rigidly affixed, or capable of being rigidly
affixed, to the handle, and measuring in all over five inches
in length, which are intended exclusively for domestic,
agricultural or industrial purposes.
14. No person shall have in his possession or under his
control any cannon or fire-arms, or any ammunition or military
stores, except under a licence and in the manner and to the
extent permuted thereby.
15. In any place to which the President of the Union may
by notification specially extend this section, no person shall
have in his possession any arms of any description, except under
a licence and in the manner and to the extent permitted thereby.
16. (1) Any person possessing arms, ammunition or
military stores the possession whereof has, in consequence of
the cancellation or expiry of a licence or of an exemption or by
the issue of a notification under section 15 or otherwise,
become unlawful, shall without unnecessary delay deposit the
same either with the officer in charge of the nearest
police-station or, at his option and subject to such conditions
as the President of the Union may by rule prescribe, with a
licensed dealer.
(2) When arms, ammunition or military stores have been
deposited under sub-section (1) * *
* *1, the depositor shall, at any time
before the expiry of such period as the President of the Union
may by rule prescribe, be entitled —
(a) to receive back any thing so deposited the
possession of which by him has become lawful, and
(b) to dispose, or authorize the disposal, of any thing
so deposited by sale or otherwise to any Person whose possession
of the same would be lawful and to receive the proceeds of any
such sale:
Providled that nothing in this sub-section shall be deemed to
authorize the return or disposal of any thing the confiscation
of which has been directed under section 24.
(3) All things deposited as aforesaid and not returned
or disposed of under sub-section (2) within the
prescribed period therein referred to shall be forfeited to [the
State].
(4) (a) The President of the Union may make
rules consistent with this Act for carrying into affect the
provisions of this section.
Foot note: 1.
The words" or, before the first day of January, 1920, under the
provisions of any law for the time being in force" were deleted
by the Union of Burma (Adaptation of Laws) Order, 1948.
(b) In particular and without prejudice to the
generality of the foregoing provision, the President of the
Union may by rule prescribe —
(i) the conditions subject to which arms, ammunition and
military stores may be deposited with a licensed dealer, and
(ii) the period after the expiry of which things deposited as
aforesaid shall be forfeited under sub-section (3).
V — LICENCES
17. The President of the Union may from time to time, by
notification in the Gazette, make rules to determine the
officers by whom, the form in which, and the terms and
conditions on and subject to which, any licence shall be
granted; and may by such rules among other matters —
(a) fix the period for which such licence shall continue
in force;
(b) fix a fee payable by stamp or otherwise in respect of
any such licence other than a licence for possession;
(c) direct that the holder of any such licence other than
a licence for possession shall keep a record or account, in such
form as the President of the Union may prescribe, of anything
done under such licence, and exhibit such record or account when
called upon by an officer of Government to do so;
(d) empower any officer of Government to enter and
inspect any premises in which arms, ammunition or military
stores are manufactured on kept by any person holding a licence
of the description referred to in section 5 or section 6;
(e) direct that any such person shall exhibit the entire
stock of arms, ammunition and military stores in his possession
on under his control to any officer of Government so empowered ;
and
(f) require the person holding any licence or acting
under any licence to produce the same, and to produce or account
for the arms, ammunition or military stores covered by the same
when called upon by an officer of Government so to do.
18. Any licence may be cancelled or suspended —
(a) by the officer by whom the same was granted, or by
any authority to which he may be subordinate, or by any District
Magistrate within the local limits of whose jurisdiction the
holder of such licence may be, when, for reasons to be recorded
in writing, such officer, authority or Magistrate deems it
necessary for the security of the public peace to cancel or
suspend such licence; or
(b) by any Judge or Magistrate before whom the holder of
such licence is convicted of an offence against this Act, or
against the rules made under this Act; and
the President of the Union may, by notification in the Gazette,
cancel or suspend all or any licences throughout the whole or
any portion of the Union of Burma.
18A. The President of the Union may, by notification,
make rules —
(a) providing for appeal from or revision of —
(i) orders refusing to issue or renew arms licences, and
(ii) orders canceling on suspending licences under clause (a)
of section 18 and
(b) prescribing the procedure and the periods of
limitation for such appeals and revisions.
VI — PENALTIES
19. Whoever commits any of the following offences
(namely) : —
(a) manufactures, converts, or sells, or keeps, offers
or exposes for sale, any arms, ammunition or military stores in
contravention of the provisions of section 5;
(b) fails to give notice as required by the same
section;
(c) imports or exports any arms, ammunition or military
stores in contravention of the provisions of section 6;
(d) transports any arms, ammunition or military stores
in contravention of a regulation or prohibition issued under
section 10;
(e) goes armed in ‘contraventnion of the provisions of
section 13;
(f) has in his possession or under his control any arms,
ammunition or military stores in contravention of the provisions
of section 14 or section 15;
(g) intentionally makes any false entry in a record or
account which, by a rule made under section 17, clause (c),
he is required to keep;
(h) intentionally fails to exhibit anything which, by a
rule made under section 17, clause (e), he is required to
exhibit ; or
(i) fails to deposit arms, ammunition or military
stores, as required by section 14 or section 16;
shall be punished with imprisonment for a term which may extend
to three years, or with fine, or with both.
20. Whoever does any act mentioned in clause (a),
(c), (d) or (f) of section 19, in such
manner as to indicate an intention that such act may not be
known to any public servant as defined in the Penal Code, on to
any person employed upon a railway or to the servant of any
public carrier,
and whoever, on any search being made under section 25, conceals
or attempts to conceal any arms, ammunition or military stores,
shall be punished with imprisonment for a term which may extend
to seven years, or with fine, or with both.
21. Whoever, in violation of condition subject to which a
licence has been granted, does or omits to do any act shall,
when the doing on omitting to do such act is not punishable
under section 19 or section 20, be punished with imprisonment
for a term which may extend to six months, or with fine which
may extend to five hundred rupees,
or with both.
22. Whoever knowingly purchases any arms, ammunition on
military stores from any person not licensed or authorized under
the proviso to section 5 to sell the same; or
delivers any arms, ammunition or military stores into the
possession of any person without previously ascertaining that
such person is legally authorized to possess the same,
shall be punished with imprisonment for a term which may extend
to six months, or with fine which may extend to five hundred
rupees, or with both.
23. Any person violating any rule made under this Act,
and for the violation of which no penalty is provided by this
Act, shall be punished with imprisonment for a term which may
extend to one month, or with fine which may extend to two
hundred rupees, or with both.
24. When any person is convicted of an offence punishable
under this Act, committed by him in respect of any arms,
ammunition or military stores, it shall be in the discretion of
the convicting Court or Magistrate further to direct that the
whole or any portion of such arms, ammunition or military
stores, and any vessel, cart or baggage-animal used to convey
the same, and any box, package or bale in which the same may
have been concealed, together with the other contents of such
box, package or bale, shall be confiscated.
VII — MISCELLANEOUS
25. Whenever any Magistrate has reason to believe that
any person residing within the local limits of his jurisdiction
has in his possession any arms, ammunition or military stores
for any unlawful purpose,
or that such person cannot be left in the possession of any such
arms, ammunition or military stores without danger to the public
peace,
such Magistrate, having first recorded the grounds of his
belief, may cause a search to be made of the house or premises
occupied by such person or in which such Magistrate has reason
to believe such arms, ammunition or military stores are or is to
be found, and may seize and detain the same, although covered by
licence, in safe custody for such time as he thinks necessary.
The search in such case shall be conducted by, or in the
presence of, a Magistrate, or by, or in the presence of, some
officer specially empowered in this behalf by name or in virtue
of his office by the President of the Union.
26. The President of the Union may at any time order or
cause to be seized any arms, ammunition or military stores in
the possession of any person, notwithstanding that such person
is licensed to possess the same, and may detain the same for
such time as he thinks necessary for the public safety.
27. The President of the Union may, from time to time, by
notification published in the Gazette,—
(a) exempt any person by name or in virtue of his office,
or any class of persons, or exclude any description of arms or
ammunition, or withdraw any part of the Union of Burma, from
the operation of any prohibition or direction contained in this
Act ; and
(b) cancel any such notification, and again
subject the persons or things or the part of the Union of Burma
comprised therein to the operation of such prohibition or
direction.
28. Every person aware of the commission of any offence
punishable under this Act shall, in the absence of reasonable
excuse, the burden of proving which shall be upon such person,
give information of the same to the nearest police-officer or
Magistrate, and
every person employed upon any railway or by any public carrier
shall, in the absence of reasonable excuse, the burden of
proving which shall lie upon such person, give information to
the nearest police-officer regarding any box, package or bale in
transit which he may have reason to suspect contains arms,
ammunition or military stores in respect of which an offence
against this Act has been or is being committed.
29. No proceedings shall be instituted against any person
in respect of an offence punishable under section 19, clause
(f), without the previous sanction of the District
Magistrate.
30. Where a search is to be made under the Code of
Criminal Procedure, in the course of any proceedings instituted
in respect of an offence punishable under section 19, clause
(f), such search shall, notwithstanding anything
contained in the said Code, be made in the presence of some
officer specially appointed by the President of the Union in
this behalf, and not otherwise.
31. * * * *
32. The President of the Union may from time to time, by
notification in the Gazette, direct a census to be taken of all
fire-arms in any local area, and empower any person to take such
census.
On the issue of any such notification, all persons possessing
any such arms in such area shall furnish to the person so
empowered such information as he may require in reference
thereto, and shall produce such arms to him if he so requires.
Any person refusing or neglecting to produce any such arms when
so required shall be punished with imprisonment for a term which
may extend to one month, or with fine which may extend to two
hundred rupees, or with both.
33. No proceeding other than a suit shall be commenced
against any person for anything done in pursuance of this Act,
without having given him at least one month's previous notice in
writing of the intended Proceeding and of the cause thereof, nor
after the expiration of three months from the accrual of such
cause.
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