Chapter IV - Powers and Procedure
Section 21 of the Arms Act, 1959: Deposit of Arms When Possession Ceases to Be Lawful
Section 21 of the Arms Act, 1959 requires arms or ammunition to be deposited without unnecessary delay when possession has ceased to be lawful, including after expiry, suspension or revocation of a licence or after a notification under Section 4. It also protects the depositor's right, within the prescribed period, to recover the deposited items if possession becomes lawful again or to lawfully dispose of them.
Text of Section 21 of the Arms Act, 1959
21. Deposit of arms, etc., on possession ceasing to be lawful.
(1) Any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under section 4 or by any reason whatever, ceased to be lawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police station or, subject to such conditions as may be prescribed, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury.
Explanation. In this sub-section "unit armoury" includes an armoury in a ship or establishment of the Indian Navy.
(2) Where arms or ammunition have been deposited under sub-section (1), the depositor or, in the case of his death, his legal representative shall, at any time before expiry of the prescribed period, be entitled-
(a) to receive back anything so deposited on becoming entitled under the Act or any other law to have it in possession; or
(b) to dispose of, or authorise the disposal of, anything so deposited by sale or otherwise to a person legally entitled to possess it, and to receive the proceeds of the disposal.
Proviso. Nothing in sub-section (2) authorises the return or disposal of anything whose confiscation has been directed under section 32.
(3) Things deposited and not received back or disposed of under sub-section (2) within the prescribed period shall be forfeited to Government by order of the district magistrate.
Proviso. Where a licence is suspended, no forfeiture shall be ordered during the period of suspension in respect of an item covered by that licence.
(4) Before making a forfeiture order, the district magistrate shall serve written notice on the depositor or legal representative requiring him to show cause within thirty days from service of the notice why the specified items should not be forfeited.
(5) After considering the cause, if any, shown, the district magistrate shall pass such order as he thinks fit.
(6) The Government may at any time return to the depositor or legal representative things forfeited to it or the proceeds of their disposal, wholly or in part.
When Does Section 21 Require Deposit?
The duty to deposit arises when possession of the arms or ammunition has ceased to be lawful. Section 21 expressly identifies several situations:
- expiry of the duration of a licence;
- suspension of a licence;
- revocation of a licence;
- issue of a notification under Section 4 affecting lawful possession; or
- any other reason by which possession has ceased to be lawful.
The statute requires deposit "without unnecessary delay". Where a licensing authority suspends, revokes or refuses to renew a licence, Rule 47 of the Arms Rules, 2016 requires the written decision to specify the time within which the covered arms or ammunition must be deposited.
Where Can Arms or Ammunition Be Deposited?
Section 21(1), read with Rule 47, permits deposit with:
- the officer in charge of the nearest police station;
- a licensed dealer holding the prescribed dealer licence, subject to the Rules; or
- a unit armoury where the person is a member of the armed forces of the Union.
Rule 47 also requires the officer, armoury or licensed dealer receiving the deposit to issue a receipt and maintain identifying particulars of the deposited arms or ammunition.
Rights of the Depositor or Legal Representative
Deposit under Section 21 does not automatically transfer ownership to the Government. Before expiry of the prescribed period, the depositor or legal representative may:
- receive the deposited arms or ammunition back if lawful entitlement to possess them is restored; or
- sell or otherwise dispose of them to a person legally entitled to possess them and receive the proceeds.
These rights do not apply where confiscation has been directed under Section 32. A deposited item cannot be returned merely because it was deposited if possession has not again become lawful.
Rule 47 of the Arms Rules, 2016: Prescribed Periods
Rule 47 specifies the period during which the depositor or legal representative may exercise the rights under Section 21(2). The principal periods are generally one year, with the starting point depending on the reason for deposit.
| Reason for deposit | Rule 47 period |
|---|---|
| Contravention of the Act, Rules or licence conditions | One year from the date of deposit |
| Suspension or revocation of licence, or other reason | One year from the order of suspension or revocation |
| Arms or ammunition already deposited | One year from the order of revocation, suspension or refusal to renew |
| Notification under Section 4 | One year from the notification |
| Appeal preferred under Section 18 | One year from the final appellate order |
Rule 47 also contains special timing rules for arms or ammunition involved in litigation or disputes and for other specified situations. The precise row applicable to a particular deposit should be checked before calculating the deadline.
In the event of the death of a licensee, Rule 47 requires the legal representative to deposit the arms or ammunition within three months of the death.
When Can Deposited Arms or Ammunition Be Forfeited?
Under Section 21(3), deposited items that are neither lawfully received back nor disposed of within the prescribed period may be forfeited to the Government by an order of the district magistrate.
However, where the licence is only suspended, the proviso to Section 21(3) expressly prevents forfeiture of an item covered by the licence during the period of suspension.
Thirty-Day Show-Cause Notice before Forfeiture
Section 21(4) requires the district magistrate to give written notice before ordering forfeiture. The depositor, or the legal representative after the depositor's death, must be given thirty days from service of the notice to show cause why the specified items should not be forfeited.
Section 21(5) then requires the district magistrate to consider the cause shown before passing the final order.
Government Power to Return Forfeited Arms or Sale Proceeds
Section 21(6) preserves a discretionary Government power to return forfeited items, or the proceeds of their disposal, wholly or partly, to the depositor or legal representative.
Important: Once possession has ceased to be lawful, the obligation to deposit should be acted on promptly. The applicable Rule 47 period should also be calculated from the correct statutory event because failure to recover or lawfully dispose of the items within the prescribed period can lead to forfeiture proceedings.
Official Legal Sources
Related Arms Act Provisions
See also Section 17 on variation, suspension and revocation, Section 18 on appeals, Section 22 on search and seizure by magistrate, and Section 32 on confiscation.
Last reviewed: September 7, 2026.