Section 10 of the Arms Act, 1959: Licence for Import and Export of Arms and Ammunition
Section 10 of the Arms Act, 1959 regulates bringing arms or ammunition into India and taking them out of India by sea, land or air. As a general rule, a licence issued under the Act and the rules is required, subject to limited statutory exceptions.
Text of Section 10 of the Arms Act, 1959
10. Licence for import and export of arms, etc.
(1) No person shall bring into, or take out of, India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
Provided that-
(a) a person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having, in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition in reasonable quantities for his own private use;
(b) a person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose.
Explanation. For clause (b), "tourist" means a person who is not a citizen of India and visits India for a period not exceeding six months with no object other than recreation, sight-seeing, or participation in a representative capacity in meetings convened by the Central Government or in international conferences, associations or other bodies.
(2) Where the Commissioner of Customs or another officer empowered by the Central Government has doubt about the applicability of either statutory exception, the reasonableness of the quantity, or the intended use, the officer may detain the arms or ammunition until orders of the Central Government are received.
(3) Arms and ammunition taken from one part of India to another by sea or air or across intervening territory not forming part of India are treated as taken out of, and brought into, India for the purposes of this section.
General Rule: Licence Required for Import or Export
The basic rule in Section 10(1) is that a person must hold a licence issued under the Arms Act and the rules before bringing arms or ammunition into India or taking them out of India by sea, land or air.
The provision applies broadly to "arms" and "ammunition". Section 2 of the Act contains the statutory definitions of those expressions.
Exception for Reasonable Quantities for Private Use
The first proviso permits a person who is legally entitled to possess the arms or ammunition, or is not prohibited from possessing them, to bring them into or take them out of India without a separate Section 10 licence where the quantity is reasonable and the purpose is the person's own private use.
This is a limited statutory exception. It does not override any other applicable prohibition, licence condition, customs requirement, Central Government notification or rule governing the particular arms or ammunition.
Exception for Bona Fide Tourists Bringing Arms for Sport
Section 10 also contains a specific exception for a bona fide tourist from a country notified by the Central Government. The tourist must not be prohibited by the law of that country from possessing the arms or ammunition and must comply with the prescribed conditions.
The arms and ammunition must be in reasonable quantities and may be brought into India only for sport. The statutory definition of "tourist" limits the stay to no more than six months and excludes Indian citizens.
Power of Commissioner of Customs to Detain Arms or Ammunition
Section 10(2) authorises the Commissioner of Customs, or another officer empowered by the Central Government, to detain arms or ammunition where there is doubt about whether a statutory exception applies, whether the quantity is reasonable, or the use to which the arms or ammunition may be put.
The detention continues until orders of the Central Government are received in relation to the matter.
When Domestic Movement Is Treated as Import and Export
Under Section 10(3), arms or ammunition moved from one part of India to another by sea or air, or across intervening territory outside India, are legally treated as having been taken out of and brought into India for the purposes of Section 10.
Grant of a Licence under Section 10
Section 13(3)(b) provides that a licence under Section 10 may be granted where the licensing authority is satisfied that the applicant has a good reason for obtaining the licence. The application is governed by the Arms Act, the Arms Rules, 2016 and the applicable licensing procedure.
See Section 13 - Grant of licences for the general licensing framework.
Penalty for Contravention of Section 10
| Provision | Conduct | Current punishment |
|---|---|---|
| Section 25(1B)(f) | Bringing into, or taking out of, India arms or ammunition in contravention of Section 10 | Imprisonment of not less than 2 years, which may extend to 5 years, and fine |
| Section 26(1) | Contravening Section 10 in a manner indicating an intention that the act may not be known to a public servant or a person working on a conveyance | Imprisonment of not less than 6 months, which may extend to 7 years, and fine |
Under the proviso to Section 25(1B), a court may, for adequate and special reasons recorded in the judgment, impose imprisonment below the statutory minimum prescribed by that sub-section.
Important: Import or export of arms and ammunition may also be affected by Section 11 prohibitions, the Arms Rules, Customs requirements, Central Government notifications and licence conditions. A specific transaction should be checked against the current official legal framework before any movement of arms or ammunition.
Official Legal Sources
Related Arms Act Provisions
See also Section 9 on restrictions affecting certain persons, Sections 11 and 12 on import, export and transport restrictions, Section 13 on grant of licences, and Section 17 on variation, suspension and revocation of licences.
Last reviewed: September 7, 2026.