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Sections 45 and 46 of the Arms Act, 1959: Exemptions and Repeal

Section 45 specifies limited situations in which the Arms Act, 1959 does not apply. Section 46 repealed the Indian Arms Act, 1878 and preserved qualifying licences already in force for the remainder of their original period.

Section 45 - Act not to apply in certain cases

Section 45 is an exclusion provision. Where a case falls within one of the categories expressly listed in the section, the Arms Act, 1959 does not apply to that particular situation.

Exclusion provision: A statutory provision identifying circumstances to which the Act itself does not apply.

Public servant: The expression is used in Section 45(b)(ii) in relation to acts done by a public servant in the course of official duty.

Official Gazette: The official Government publication through which statutory notifications, including notifications under Section 45(b)(iii), may be issued.

Section 45 provides that nothing in the Arms Act, 1959 shall apply to:

  1. arms or ammunition on board any sea-going vessel or any aircraft and forming part of the ordinary armament or equipment of that vessel or aircraft;
  2. the acquisition, possession or carrying, manufacture, repair, conversion, test or proof, sale or transfer, or import, export or transport of arms or ammunition:
    1. by or under orders of the Central Government;
    2. by a public servant in the course of duty as such public servant; or
    3. by a member of the National Cadet Corps, an officer or enrolled person of the Territorial Army, a member of forces raised under a Central Act, or a member of any other force notified by the Central Government, when acting in the course of duty;
  3. any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a firearm either with or without repair;
  4. the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used together with complementary parts acquired or possessed by that or any other person.

What Section 45 means in practice

Section 45 does not create a general exemption for government employees, armed forces personnel, collectors of old weapons or holders of component parts. The exclusion operates only when the statutory conditions of the relevant clause are met.

Clause Subject Key condition
Section 45(a) Ships and aircraft The arms or ammunition must form part of the ordinary armament or equipment.
Section 45(b) Government, public servants and specified forces The activity must fall within the governmental order or official duty described in the clause.
Section 45(c) Obsolete, antiquarian or unusable weapons The weapon must not be capable of use as a firearm, either with or without repair.
Section 45(d) Minor parts The parts must not be intended for use with complementary parts held by that or another person.

Section 46 - Repeal of the Indian Arms Act, 1878

Section 46 is the repeal and saving provision associated with the replacement of the Indian Arms Act, 1878 by the Arms Act, 1959.

Section 46(1): The Indian Arms Act, 1878 (11 of 1878) is repealed.

Section 46(2): Notwithstanding that repeal, and without prejudice to Sections 6 and 24 of the General Clauses Act, 1897, every licence granted or renewed under the Indian Arms Act, 1878 and in force immediately before commencement of the Arms Act, 1959 continued in force, unless sooner revoked, for the unexpired portion of the period for which it had been granted or renewed.

Saving clause: A saving provision preserves specified rights, licences, proceedings or legal effects despite repeal of an earlier enactment.

General Clauses Act, 1897: Section 46 expressly states that the licence-saving provision operates without prejudice to Sections 6 and 24 of the General Clauses Act, 1897, which deal generally with consequences of repeal and continuation of certain subordinate instruments.

Relationship with other provisions of the Arms Act

Sections 45 and 46 appear at the end of the Arms Act, 1959 and perform different functions. Section 45 limits the application of the Act in specified circumstances, while Section 46 deals with the transition from the repealed Indian Arms Act, 1878 to the present legislation.

For the rule-making framework under the Act, see Section 44 - Power to make rules. For the Central Government's exemption power, see Section 41 - Power to exempt.

Official legal resources

Whether Section 45 applies depends on the facts and on satisfaction of the exact statutory conditions. Current statutory text, rules, notifications and any applicable governmental directions should therefore be checked for a specific legal or licensing matter.