Chapter IV - Powers and Procedure
Section 19 of the Arms Act, 1959: Power to Demand Production of Licence
Section 19 of the Arms Act, 1959 empowers a police officer, or another officer specially empowered by the Central Government, to demand production of an arms licence from a person carrying arms or ammunition. It also authorises seizure in specified circumstances and arrest without warrant where identity is refused, suspected to be false, or there is a suspected intention to abscond.
Text of Section 19 of the Arms Act, 1959
19. Power to demand production of licence, etc.
(1) Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the production of his licence from any person who is carrying any arms or ammunition.
(2) If the person upon whom a demand is made refuses or fails to produce the licence or to show that he is entitled by virtue of this Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and, if such officer considers it necessary, seize from that person the arms or ammunition which he is carrying.
(3) If that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant.
Who Can Demand Production of an Arms Licence?
Section 19(1) identifies two categories of officers who may demand production of a licence from a person carrying arms or ammunition:
- any police officer; and
- any other officer specially empowered for this purpose by the Central Government.
The power arises when the person is carrying arms or ammunition. Section 19 does not require the officer to wait until an offence has already been established before asking for the licence.
What Happens If the Licence Is Not Produced?
If the person refuses or fails to produce a licence, Section 19(2) allows an alternative: the person may show that he or she is legally entitled under the Arms Act or another law to carry the arms or ammunition without a licence.
If neither a licence nor lawful authority to carry without a licence is shown, the officer may require the person to provide a name and address.
When May Arms or Ammunition Be Seized under Section 19?
Section 19(2) authorises the officer to seize the arms or ammunition being carried where the statutory conditions are met and the officer considers seizure necessary.
The statutory wording uses "may" and also requires the officer to consider seizure necessary. The power is therefore tied to the circumstances described in Section 19(2), rather than being expressed as an automatic consequence in every case.
When Can a Person Be Arrested without Warrant?
Section 19(3) permits arrest without warrant in any of the following situations after the officer has required the person's name and address:
- the person refuses to give a name and address;
- the officer suspects that the name or address given is false; or
- the officer suspects that the person intends to abscond.
Section 19 is a special statutory power under the Arms Act. General arrest and procedural requirements must also be read with the criminal-procedure law in force, including the Bharatiya Nagarik Suraksha Sanhita, 2023, where applicable.
What If a Person Is Lawfully Entitled to Carry Arms without a Licence?
Section 19(2) expressly recognises that a person may be entitled under the Arms Act or another law for the time being in force to carry arms or ammunition without a licence.
In such a case, the person may show the legal basis for that entitlement instead of producing a licence. This reflects the wider statutory scheme, including exemptions and other provisions under which a licence may not be required in a particular situation.
Official Legal Sources
Last reviewed: September 7, 2026.