Section 36 of the Arms Act, 1959: Information to Be Given Regarding Certain Offences
Section 36 of the Arms Act, 1959 creates reporting duties in relation to Arms Act offences. It applies generally to persons aware of an offence and specifically to persons employed or working on specified means of conveyance who encounter a suspicious package in transit.
(1) Every person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information of the same to the officer in charge of the nearest police station or the magistrate having jurisdiction.
(2) Every person employed or working upon any railway, aircraft, vessel, vehicle or other means of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information to the officer in charge of the nearest police station regarding any box, package or bale in transit which he may have reason to suspect contains arms or ammunition in respect of which an offence under this Act has been or is being committed.
What Section 36 means
Section 36 places a statutory duty to provide information in defined circumstances. Sub-section (1) is framed broadly and applies to a person who is aware of the commission of an offence under the Arms Act. Sub-section (2) creates a more specific duty for persons employed or working on a railway, aircraft, vessel, vehicle or other means of conveyance.
| Provision | Who must give information | Information to be given |
|---|---|---|
| Section 36(1) | Every person aware of the commission of an offence under the Arms Act, unless there is reasonable excuse. | Information about the offence to the officer in charge of the nearest police station or the magistrate having jurisdiction. |
| Section 36(2) | A person employed or working upon a railway, aircraft, vessel, vehicle or other means of conveyance, unless there is reasonable excuse. | Information to the nearest police station about a box, package or bale in transit reasonably suspected to contain arms or ammunition connected with an Arms Act offence. |
Reasonable excuse and burden of proof
Both sub-sections expressly recognise a "reasonable excuse". The statutory language also states that the burden of proving the reasonable excuse lies upon the person relying on it. Whether an excuse is reasonable depends on the facts and circumstances of the particular case.
Reporting under Section 36(1)
Under sub-section (1), the duty arises when a person is aware of the commission of an offence under the Arms Act. The information may be given either to the officer in charge of the nearest police station or to the magistrate having jurisdiction.
Suspicious packages in transit under Section 36(2)
Sub-section (2) focuses on transportation and transit. It applies where a person working on a railway, aircraft, vessel, vehicle or another means of conveyance has reason to suspect that a box, package or bale in transit contains arms or ammunition in respect of which an Arms Act offence has been or is being committed.
In that situation, and in the absence of a reasonable excuse, the information is to be given to the officer in charge of the nearest police station.
Related Arms Act provisions
This page provides the statutory text and a general explanation for legal information. Application of Section 36 depends on the facts of the case, including awareness, reasonable excuse and the underlying Arms Act offence.