Section 25 of the Arms Act, 1959: Punishment for Certain Offences
Section 25 is the principal penalty provision in Chapter V of the Arms Act, 1959. It prescribes different punishments for unlawful manufacture, sale, transfer, conversion, possession, carrying, import, export and trafficking of arms and ammunition, as well as offences involving prohibited arms, disturbed areas, organised crime and celebratory gunfire.
- Section 25 does not prescribe one uniform punishment for every Arms Act violation.
- The applicable punishment depends on the precise subsection and the underlying contravention.
- The Arms (Amendment) Act, 2019 substantially enhanced several punishments and inserted new offences concerning organised crime, illicit trafficking, forceful taking of firearms from police or armed forces, and celebratory gunfire.
- For prosecution, the ingredients of the specific underlying provision and any applicable sanction requirement must also be examined.
Section 25 punishment chart
| Provision | Nature of offence | Punishment |
|---|---|---|
| Section 25(1) | Specified contraventions of Sections 5, 6 and 11 | Minimum 7 years; may extend to imprisonment for life; fine also applies |
| Section 25(1A) | Acquiring, possessing or carrying prohibited arms or prohibited ammunition contrary to Section 7 | Minimum 5 years; may extend to 10 years; fine also applies |
| Section 25(1AA) | Manufacture, sale, transfer, conversion, repair, test, proof or related dealing in prohibited arms or prohibited ammunition contrary to Section 7 | Minimum 10 years; may extend to imprisonment for life; fine also applies |
| Section 25(1AB) | Taking a firearm from police or armed forces by using force | Minimum 10 years; may extend to imprisonment for life; fine also applies |
| Section 25(1AAA) | Possession or carrying contrary to a notification under Section 24A or 24B | Minimum 3 years; may extend to 7 years; fine also applies |
| Section 25(1B) | Specified contraventions of Sections 3, 4, 8, 9, 10, 12, 21 and certain record or inspection duties | Minimum 2 years; may extend to 5 years; fine also applies, subject to the statutory proviso permitting a lesser term for adequate and special reasons recorded in the judgment |
| Section 25(1C) | Section 25(1B) offence committed in a disturbed area | Minimum 3 years; may extend to 7 years; fine also applies |
| Section 25(2) | Specified contravention of Section 9(1)(a)(i) | Up to 1 year, or fine, or both |
| Section 25(3) | Sale or transfer contrary to the notice and waiting-period requirements linked to Section 5(2) | Up to 6 months, or fine up to Rs. 500, or both |
| Section 25(4) | Failure to deliver or surrender a licence when required under Section 17 | Up to 6 months, or fine up to Rs. 500, or both |
| Section 25(5) | Refusal to provide name and address under Section 19, or giving false particulars | Up to 6 months, or fine up to Rs. 200, or both |
| Section 25(6) | Possession or carrying of arms or ammunition by a member of an organised crime syndicate, or on its behalf, contrary to Chapter II | Minimum 10 years; may extend to imprisonment for life; fine also applies |
| Section 25(7) | Specified arms-related acts on behalf of an organised crime syndicate | Minimum 10 years; may extend to imprisonment for life; fine also applies |
| Section 25(8) | Illicit trafficking of firearms and ammunition contrary to Sections 3, 5, 6, 7 and 11 | Minimum 10 years; may extend to imprisonment for life; fine also applies |
| Section 25(9) | Rash or negligent use of a firearm, or celebratory gunfire, endangering human life or personal safety | Up to 2 years, or fine up to Rs. 1 lakh, or both |
Text and explanation of Section 25
25. Punishment for certain offences.
(1) Whoever-
(a) manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of Section 5; or
(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm or converts from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms in contravention of Section 6; or
(d) brings into, or takes out of, India any arms or ammunition of any class or description in contravention of Section 11,
shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.
(1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of Section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine.
(1AA) Whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of Section 7 shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
(1AB) Whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
(1AAA) Whoever has, in contravention of a notification issued under Section 24A, in his possession or, in contravention of a notification issued under Section 24B, carries or otherwise has in his possession any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
(1B) Whoever-
(a) acquires, has in his possession or carries any firearm or ammunition in contravention of Section 3; or
(b) acquires, has in his possession or carries in any place specified by notification under Section 4 any arms of such class or description as has been specified in that notification in contravention of that section; or
(c) sells or transfers any firearm which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon as required by Section 8(2), or does any act in contravention of Section 8(1); or
(d) being a person to whom Section 9(1)(a)(ii) or Section 9(1)(a)(iii) applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or
(e) sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of Section 9(1)(b); or
(f) brings into, or takes out of, India any arms or ammunition in contravention of Section 10; or
(g) transports any arms or ammunition in contravention of Section 12; or
(h) fails to deposit arms or ammunition as required by Section 3(2) or Section 21(1); or
(i) being a manufacturer of, or dealer in, arms or ammunition, commits the record, inspection or disclosure contraventions described in the subsection,
shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to five years and shall also be liable to fine.
Proviso: The Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than two years.
(1C) Notwithstanding anything contained in sub-section (1B), whoever commits an offence punishable under that sub-section in any disturbed area shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Explanation to Section 25(1C): "Disturbed area" means any area declared to be a disturbed area under any enactment for the time being in force making provision for the suppression of disorder and restoration and maintenance of public order, and includes any area specified by notification under Section 24A or Section 24B.
(2) Whoever, being a person to whom Section 9(1)(a)(i) applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(3) Whoever sells or transfers any firearm, ammunition or other arms without the information required by the proviso to Section 5(2), or before expiry of the statutory forty-five-day period, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(4) Whoever fails to deliver up a licence when required by the licensing authority under Section 17(1), or fails to surrender a licence to the appropriate authority under Section 17(10) on suspension or revocation, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(5) Whoever, when required under Section 19 to give his name and address, refuses to do so or gives a name or address which subsequently proves false shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
(6) If any member of an organised crime syndicate, or any person on its behalf, has in his possession or carries any arms or ammunition in contravention of any provision of Chapter II, he shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
(7) Whoever, on behalf of a member of an organised crime syndicate or a person acting on its behalf, commits the specified acts involving manufacture, procurement, sale, transfer, conversion, repair, testing, shortening or conversion of firearms, or import or export, in contravention of Sections 5, 6 or 11, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
(8) Whoever is involved in or aids the illicit trafficking of firearms and ammunition in contravention of Sections 3, 5, 6, 7 and 11 shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
(9) Whoever uses a firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or the personal safety of others shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both.
Important definitions for Section 25
Prohibited arms
Section 2(1)(i) of the Arms Act defines "prohibited arms" by reference to specified firearms and weapons, including firearms designed or adapted so that continued pressure on the trigger causes missiles to be discharged until pressure is removed or the magazine is empty, and other notified weapons.
Prohibited ammunition
Section 2(1)(h) defines "prohibited ammunition" to include ammunition containing noxious liquid, gas or other such thing, rockets, bombs and specified categories of ammunition, subject to the statutory text.
Organised crime
For Section 25(6) and (7), organised crime means continuing unlawful activity by a person, singly or collectively, as a member of or on behalf of an organised crime syndicate, using violence, threats, intimidation, coercion or other unlawful means for pecuniary benefit or undue economic or other advantage.
Organised crime syndicate
For Section 25(6) and (7), an organised crime syndicate means a group of two or more persons who, acting singly or collectively as a syndicate or gang, indulge in organised crime.
Illicit trafficking
For Section 25(8), illicit trafficking includes import, export, acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within India where marking requirements are not met or the trafficking contravenes the Act, including smuggled firearms of foreign make or prohibited arms or prohibited ammunition.
Celebratory gunfire
For Section 25(9), celebratory gunfire means using a firearm at public gatherings, religious places, marriage parties or other functions to fire ammunition.
Arms (Amendment) Act, 2019 and Section 25
The Arms (Amendment) Act, 2019 made significant changes to Section 25. Among other changes, it increased punishment for certain serious offences, inserted punishment for forcefully taking a firearm from police or armed forces, introduced specific organised-crime and illicit-trafficking offences, and created the offence of rash or negligent firearm use or celebratory gunfire endangering life or personal safety.
Section 39: previous sanction in certain prosecutions
Section 39 of the Arms Act provides that no prosecution shall be instituted against any person in respect of any offence under Section 3 without the previous sanction of the District Magistrate. Accordingly, where a Section 25 prosecution is founded on an alleged contravention of Section 3, Section 39 should also be examined.
Related Arms Act provisions
Section 25 frequently operates together with substantive provisions in Chapter II and powers or procedure provisions in Chapter IV. Relevant provisions include Section 24A, Section 24B, Section 26, Section 27 and Sections 38 to 40.
Frequently asked questions
What is the punishment under Section 25 of the Arms Act?
There is no single punishment. Depending on the subsection, punishment ranges from fine or short-term imprisonment for specified procedural offences to a minimum of ten years extending to imprisonment for life for certain serious offences.
What is the punishment for illegal possession of a firearm without a licence?
Where the conduct amounts to acquisition, possession or carrying of a firearm or ammunition in contravention of Section 3, Section 25(1B)(a) provides a minimum term of two years extending to five years, with fine, subject to the statutory power to impose a lesser term for adequate and special reasons recorded in the judgment.
What is the punishment for prohibited arms under Section 25?
Section 25(1A) covers acquisition, possession or carrying of prohibited arms or prohibited ammunition contrary to Section 7 and provides imprisonment from five to ten years plus fine. Section 25(1AA) covers specified manufacture, sale and related dealing and provides a minimum of ten years extending to imprisonment for life plus fine.
Is celebratory gunfire punishable under the Arms Act?
Yes. Section 25(9) punishes rash or negligent firearm use or celebratory gunfire that endangers human life or personal safety with imprisonment up to two years, fine up to rupees one lakh, or both.