Chapter IV - Powers and Procedure
Section 23 of the Arms Act, 1959: Search of Vessels, Vehicles and Other Conveyances
Section 23 of the Arms Act, 1959 authorises specified officers to stop and search a vessel, vehicle or other means of conveyance for the purpose of determining whether a contravention of the Arms Act or the rules is being, or is likely to be, committed. The section also permits seizure of arms or ammunition found in the conveyance together with the conveyance itself.
Text of Section 23 of the Arms Act, 1959
23. Search of vessels, vehicles for arms, etc.
Any Magistrate, any police officer or any other officer specially empowered in this behalf by the Central Government, may for the purpose of ascertaining whether any contravention of this Act or the rules made thereunder is being or is likely to be committed, stop and search any vessel, vehicle or other means of conveyance and seize any arms or ammunition that may be found therein along with such vessel, vehicle or other means of conveyance.
Purpose and Legal Threshold under Section 23
The purpose of the Section 23 power is expressly stated in the statute: the stop and search must be directed toward ascertaining whether a contravention of the Arms Act or the rules made under it is being committed or is likely to be committed.
Section 23 therefore connects the search power to suspected present or prospective contravention of the statutory scheme. It is not worded as an unrestricted power to stop and search every conveyance merely because arms might lawfully be carried in it.
The provision is wider in timing than a search limited to an already completed offence because it expressly includes a contravention that "is likely to be committed". Even so, the statutory purpose must remain connected to an actual or likely contravention of the Act or Rules.
Who May Stop and Search under Section 23?
Section 23 identifies three categories of authorised officers:
- any Magistrate;
- any police officer; and
- any other officer specially empowered for this purpose by the Central Government.
Unlike Section 20, Section 23 does not extend this particular stop-and-search power to every public servant or every person working on a conveyance.
Which Conveyances May Be Stopped and Searched?
Section 23 uses broad language and applies to:
- vessels;
- vehicles; and
- other means of conveyance.
The expression "other means of conveyance" allows the section to extend beyond conventional road vehicles and vessels where the statutory conditions are otherwise satisfied.
What Can Be Seized under Section 23?
Where a valid Section 23 search results in arms or ammunition being found, the authorised officer may seize:
- the arms found in the conveyance;
- the ammunition found in the conveyance; and
- the vessel, vehicle or other means of conveyance itself.
The express inclusion of the conveyance distinguishes Section 23 from provisions that focus only on seizure of arms or ammunition.
Why the Words "Is Being or Is Likely to Be Committed" Matter
Section 23 permits action not only where a contravention is already occurring but also where the search is directed toward determining whether a contravention is likely to be committed.
This wording gives the provision a preventive as well as investigative function, but the suspected conduct must still concern a contravention of the Arms Act or the rules made under it.
Sections 20, 22 and 23 Compared
| Provision | Main power | Core trigger |
|---|---|---|
| Section 20 | Arrest without warrant and seizure from a person carrying or conveying arms | Just grounds of suspicion of intended or possible unlawful use |
| Section 22 | Magistrate-directed search of a house or premises and seizure | Reason to believe unlawful purpose or danger to public peace or safety, with recorded reasons |
| Section 23 | Stop and search a vessel, vehicle or other conveyance and seize arms, ammunition and the conveyance | Purpose of ascertaining whether an Arms Act or Rules contravention is being or is likely to be committed |
See Section 20 - Arrest under suspicious circumstances and Section 22 - Search and seizure by Magistrate.
Current Procedural Context
Section 23 is a special search-and-seizure power under the Arms Act. The Arms Rules, 2016 remain the principal subordinate legislation under the Act, and general procedural requirements concerning investigation, custody, reporting and production before courts must be read with the criminal-procedure law currently in force, including the Bharatiya Nagarik Suraksha Sanhita, 2023, where applicable.
The Ministry of Home Affairs continues to publish the Arms Rules, 2016 and subsequent amendments and notifications through its official Internal Security division.
Important: The legality of a Section 23 stop, search or seizure depends on the statutory purpose, the authority of the officer, the facts indicating an actual or likely Arms Act or Rules contravention, the items found and the procedure followed after seizure. A specific case should be checked against the current Act, Rules and applicable criminal-procedure law.
Official Legal Sources
Related Arms Act Provisions
See also Section 21 on deposit when possession ceases to be lawful, Section 22 on search and seizure by Magistrate, Section 24 on Central Government seizure and detention orders, and Section 37 on arrests and searches.
Last reviewed: September 7, 2026.