Section 42 of the Arms Act, 1959: Power to Take Census of Firearms

Section 42 of the Arms Act, 1959 empowers the Central Government to order a census of firearms in a specified area by notification in the Official Gazette and to authorize a government officer to conduct that census.

In simple terms: if the Central Government issues a Gazette notification under Section 42, persons possessing firearms in the notified area must provide the information required by the authorized officer and must produce the firearms if the officer requires them to do so.

Text of Section 42 - Power to Take Census of Firearms

(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.

(2) On the issue of any such notification all persons having in their possession any firearms in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.

Meaning and Scope of Section 42

1. The Central Government initiates the census

The power under Section 42 is vested in the Central Government. A firearm census under this provision begins through a notification published in the Official Gazette.

2. The census may cover all firearms in a specified area

The notification may direct a census of all firearms within the area identified in the notification. The geographical scope therefore depends on the terms of the Gazette notification.

3. A government officer may be authorized to conduct the census

The Central Government may empower an officer of Government to take the census. The statutory function of collecting the required information and, where necessary, inspecting the firearms is performed by the officer authorized for that purpose.

4. Persons possessing firearms must provide information

Once a valid notification is issued, every person possessing a firearm in the notified area is required to furnish such information concerning the firearm as the authorized officer may require.

5. Firearms must be produced if required

Section 42(2) further requires a person possessing a firearm in the notified area to produce the firearm before the authorized officer if the officer requires production.

Legal Requirements Under Section 42

There must be a notification issued by the Central Government in the Official Gazette.
The notification must identify the area in which the census is to be conducted.
The Central Government may authorize a government officer to conduct the census.
Persons possessing firearms in the notified area must furnish the information required by the officer.
Persons possessing firearms must produce them before the officer if production is required.

Purpose and Practical Effect

Section 42 provides the Central Government with a statutory mechanism to ascertain the number, possession, and particulars of firearms in a specified area. The provision operates through a formal Gazette notification and imposes corresponding duties on firearm possessors within the notified area.

Practical point: a person affected by a firearm census should check the relevant Gazette notification to confirm the notified area, the authorized officer, any specified procedure, and the information or production requirements that apply.

Section 42 and Related Arms Act Provisions

Section 42 appears in Chapter VI of the Arms Act, 1959. It follows Section 41 - Power to Exempt and precedes Section 43 - Power to Delegate.

Section 43 is also relevant to understanding the statutory structure because it deals with delegation of powers and functions under the Act, subject to the limitations expressly stated in that section.

Arms Rules, 2016

The Arms Rules, 2016 were made by the Central Government under the Arms Act, 1959 and regulate licensing, authorities, procedures, forms, records, and other operational matters under the Act. Any census-related action should therefore be read together with the applicable statutory provisions, Gazette notification, and any relevant rules or directions.

Official Legal Resources

For authoritative statutory text and current rules or notifications, refer to the official India Code and Ministry of Home Affairs resources in the right sidebar.

This page is intended as a general legal reference. For any specific census notification, licence issue, compliance question, or enforcement matter, the applicable Gazette notification and current statutory provisions should be examined.