Section 8 of the Arms Act, 1959: Identification Marks on Firearms and Ammunition
Section 8 of the Arms Act, 1959 protects the traceability and identification of firearms and ammunition by prohibiting tampering with identification marks and restricting the sale or transfer of firearms that do not bear the prescribed identifying particulars.
Text of Section 8 of the Arms Act, 1959
8. Prohibition of sale or transfer of firearms not bearing identification marks.
(1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm or ammunition.
(2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government.
(3) Whenever any person has in his possession any firearm without such name, number or other identification mark or on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark.
Proviso. In relation to a person who had in his possession at the commencement of the Act any firearm without such identifying particulars, sub-section (3) did not take effect until one year after commencement of the Act.
What Section 8 Prohibits
Section 8 addresses two principal forms of conduct. First, it prohibits tampering with a name, number or other identification mark appearing on a firearm or ammunition. Second, it prohibits the sale or transfer of a firearm that does not bear the identifying particulars required by sub-section (2).
- obliterating an identification mark;
- removing an identification mark;
- altering an identification mark;
- forging an identification mark; and
- selling or transferring a firearm that lacks the required identifying particulars.
The purpose of these provisions is to preserve reliable identifying information associated with firearms and ammunition and to prevent the circulation of firearms whose origin or identity cannot be properly traced through the required markings.
What Identification Marks Are Referred to in Section 8?
Section 8 refers to a name, number or other identification mark stamped or otherwise shown on a firearm or ammunition. For the sale or transfer of a firearm under Section 8(2), the provision specifically refers to the name of the maker, the manufacturer's number or another identification mark displayed in a manner approved by the Central Government.
Detailed marking and manufacturing requirements must be read together with the Arms Rules, 2016 and applicable Central Government notifications. The Ministry of Home Affairs publishes the Arms Rules and related amendments through its official website.
Presumption under Section 8(3)
Section 8(3) creates a rebuttable statutory presumption. If a person possesses a firearm that has no required identification mark, or a firearm on which the mark has been obliterated, removed, altered or forged, the law presumes that the person obliterated, removed, altered or forged the mark unless the contrary is proved.
The words "unless the contrary is proved" are important. The presumption is not expressed as conclusive; it may be rebutted by evidence showing that the person in possession was not responsible for the relevant tampering.
Arms (Amendment) Act, 2019 and Section 8
Section 8(1) was amended by the Arms (Amendment) Act, 2019. The earlier reference to a "firearm" was expanded to "firearm or ammunition". The substitution took effect on 14 December 2019.
The current official text can be checked through India Code - Arms Act, 1959.
Penalty for Contravention of Section 8
Section 25(1B)(c) applies where a person sells or transfers a firearm that does not bear the maker's name, manufacturer's number or other identification mark required by Section 8(2), or does an act prohibited by Section 8(1).
| Provision | Conduct covered | Current punishment |
|---|---|---|
| Section 25(1B)(c) | Tampering with identification marks contrary to Section 8(1), or selling or transferring a firearm contrary to Section 8(2) | Imprisonment of not less than 2 years, which may extend to 5 years, and fine |
The proviso to Section 25(1B) permits the court, for adequate and special reasons recorded in the judgment, to impose imprisonment for a term below the statutory minimum.
Important: Criminal liability under the Arms Act depends on the precise facts, the nature of the firearm or ammunition, applicable licences, markings, notifications and evidence. The current statutory text and applicable rules should be checked in any specific matter.
Official Legal Sources
Related Arms Act Provisions
For the surrounding statutory scheme, see Section 7 on prohibited arms and prohibited ammunition, Section 9 on acquisition, possession and transfer involving young and certain other persons, Section 13 on grant of licences, and Section 17 on variation, suspension and revocation of licences.
Last reviewed: September 7, 2026.