Section 4 of the Arms Act, 1959: Licence for Specified Arms in Notified Areas

Text of Section 4 of the Arms Act, 1959

Meaning and scope of Section 4

Section 4 deals with arms other than firearms. It permits area-specific regulation where the Central Government considers such regulation necessary or expedient in the public interest.

Conditions for Section 4 to operate

1. The Central Government must form an opinion based on the circumstances prevailing in an area.
2. The Government must consider regulation necessary or expedient in the public interest.
3. A notification must be issued in the Official Gazette.
4. The notification must specify the area to which Section 4 applies.
5. The notification must specify the class or description of arms that will require a licence in that area.

Rule 4 of the Arms Rules, 2016

Rule 4 of the Arms Rules, 2016 complements Section 4. It addresses licences for arms other than firearms and the applicability of Section 4.

Under Rule 4, unless the Central Government or State Government directs otherwise by notification in the Official Gazette, no licence is ordinarily required for the manufacture, sale, possession for sale or test of Category V arms in Schedule I, except in areas notified under Section 4.

For an area notified by the Central Government under Section 4, a licence for acquisition, possession or carrying of the class or description of arms identified in the notification may be granted or renewed in accordance with Schedule II of the Arms Rules, 2016 and subject to the applicable conditions.

When is a licence required under Section 4?

A licence under Section 4 becomes relevant only when all the requirements of the applicable notification are satisfied. A person should therefore identify:

• whether the location is an area notified under Section 4;
• whether the arm falls within the class or description specified in that notification;
• whether any exemption or special condition applies; and
• which licensing authority, licence form, validity period and conditions apply under the Arms Rules, 2016 and Schedule II.

The expression "arms" is defined in Section 2(1)(c) of the Arms Act, 1959. The definition includes articles designed or adapted as weapons for offence or defence and certain parts and manufacturing machinery, while excluding specified articles designed solely for domestic or agricultural use and weapons incapable of use otherwise than as toys or of conversion into serviceable weapons.

See also Section 2 - Definitions and interpretation.

Penalty for contravention of Section 4

Section 25(1B)(b) of the Arms Act addresses a person who acquires, possesses or carries, in a place specified by a notification under Section 4, arms of the class or description specified in that notification in contravention of Section 4.

Because punishment provisions can be amended and their application depends on the precise facts, notification, class of arm and date of the alleged conduct, the current official text of Section 25 should be checked when assessing criminal liability.

Difference between Section 3 and Section 4

Section 3 principally regulates the acquisition, possession and carrying of firearms and ammunition. Section 4, by contrast, allows the Central Government to extend a licensing requirement to specified arms other than firearms in specified notified areas.