Section 17 of the Arms Act, 1959: Variation, Suspension and Revocation of Arms Licences
Section 17 of the Arms Act, 1959 governs changes to licence conditions and the circumstances in which an arms licence may be suspended or revoked. It also requires written reasons in specified cases, provides powers to superior authorities and courts, and requires surrender of the licence after suspension or revocation.
Text of Section 17 of the Arms Act, 1959
17. Variation, suspension and revocation of licences.
(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence-
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) Where the licensing authority makes an order varying a licence under sub-section (1) or suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder on demand a brief statement of the same unless it considers that furnishing the statement would not be in the public interest.
(6) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which the licensing authority itself may do so, and the foregoing provisions of this section shall apply as far as may be.
(7) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence. If the conviction is set aside on appeal or otherwise, the suspension or revocation becomes void.
(8) An appellate court or the High Court exercising revisional powers may also make an order of suspension or revocation under sub-section (7).
(9) The Central Government may, by order in the Official Gazette, suspend or revoke, or direct any licensing authority to suspend or revoke, all or any licences granted under the Act throughout India or any part thereof.
(10) On suspension or revocation under this section, the holder shall without delay surrender the licence to the authority that suspended or revoked it or to another authority specified in the order.
Variation of Licence Conditions
Section 17(1) permits the licensing authority to vary licence conditions, but not conditions that have themselves been prescribed by the rules. For this purpose, the authority may issue a written notice requiring the licence-holder to deliver the licence within the time specified.
Section 17(2) separately permits the licence-holder to apply for variation of licence conditions, again excluding conditions that are prescribed by the rules.
Section 16 is relevant because it distinguishes prescribed licence conditions from additional conditions that may be imposed in an individual case. See Section 16 - Fees, forms and licence conditions.
Grounds for Suspension or Revocation under Section 17(3)
| Ground | Statutory basis |
|---|---|
| Legal disqualification, unsoundness of mind or unfitness | Section 17(3)(a) |
| Security of public peace or public safety | Section 17(3)(b) |
| Suppression of material information or wrong information when applying | Section 17(3)(c) |
| Contravention of a licence condition | Section 17(3)(d) |
| Failure to comply with a notice requiring delivery of the licence | Section 17(3)(e) |
Suspension and revocation are not expressed as unrestricted powers. Section 17(3) identifies specific statutory grounds, and the order must be in writing.
Reasons for Variation, Suspension or Revocation
Section 17(5) requires the licensing authority to record its reasons in writing when it varies a licence under Section 17(1), or suspends or revokes a licence under Section 17(3).
On demand, the licence-holder is ordinarily entitled to a brief statement of those reasons. The licensing authority may withhold that statement where it forms the opinion that furnishing it would not be in the public interest.
Suspension or Revocation by a Criminal Court
Under Section 17(7), a court convicting a licence-holder of an offence under the Arms Act or the rules may also suspend or revoke the arms licence.
If that conviction is later set aside on appeal or otherwise, the suspension or revocation under Section 17(7) becomes void. Section 17(8) extends the same power to an appellate court and to the High Court while exercising revisional jurisdiction.
Central Government Power under Section 17(9)
The Central Government may, by an order published in the Official Gazette, suspend or revoke licences, or direct licensing authorities to suspend or revoke licences, throughout India or in any specified part of India.
This is a distinct statutory power from the case-specific powers of an individual licensing authority under Section 17(3).
Surrender of Licence and Deposit of Arms after Suspension or Revocation
Section 17(10) requires the licence-holder to surrender the licence without delay to the authority that suspended or revoked it, or to another authority specified in the order.
Section 21 separately applies where possession of arms or ammunition has ceased to be lawful because of expiry, suspension, revocation or another statutory reason. In such a case, the arms or ammunition must be deposited without unnecessary delay with the officer in charge of the nearest police station or, subject to the prescribed conditions, with a licensed dealer. A member of the armed forces may deposit them in a unit armoury.
Appeal against Variation, Suspension or Revocation
Section 18 provides an appeal to the prescribed appellate authority against an order of the licensing authority varying licence conditions, and against an order of the licensing authority or its superior authority suspending or revoking a licence.
No statutory appeal lies under Section 18 against an order made by, or under the direction of, the Government. Unless the appellate authority directs otherwise, the challenged order remains in force while the appeal is pending.
See Section 18 - Appeals.
Important: A suspension or revocation order should be examined together with the stated statutory ground, written reasons, licence conditions, police or other material relied upon, applicable rules, and any available appeal. Once possession becomes unlawful, the deposit obligations under Section 21 also require prompt attention.
Official Legal Sources
Related Arms Act Provisions
See also Section 13 on grant of licences, Section 14 on refusal of licences, Section 15 on duration and renewal, Section 16 on fees and conditions, and Section 18 on appeals.
Last reviewed: September 7, 2026.