Section 9 of the Arms Act, 1959: Age and Other Restrictions on Firearms and Ammunition
Section 9 of the Arms Act, 1959 prohibits certain persons from acquiring, possessing or carrying firearms or ammunition and also restricts sale, transfer, conversion, repair, testing or proving for persons who are legally disqualified or of unsound mind.
Text of Section 9 of the Arms Act, 1959
9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.
(1) Notwithstanding anything in the foregoing provisions of this Act,-
(a) no person,-
(i) who has not completed the age of twenty-one years, or
(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for any term, at any time during a period of five years after the expiration of the sentence, or
(iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping the peace or for good behaviour, at any time during the term of the bond,
shall acquire, have in his possession or carry any firearm or ammunition;
(b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe-
(i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or
(ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof.
(2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms.
Proviso. Different age-limits may be prescribed in relation to different types of firearms.
Minimum Age under Section 9: 21 Years
Section 9(1)(a)(i) provides that a person who has not completed 21 years of age cannot acquire, possess or carry any firearm or ammunition, subject to the specific training exception in Section 9(2) and applicable exemptions issued under the Act.
The age of 21 years was substituted for the earlier age of 16 years by the Arms (Amendment) Act, 1983 with effect from 22 June 1983.
Disqualification after Conviction for Violence or Moral Turpitude
Section 9(1)(a)(ii) applies to a person who has been sentenced to imprisonment for any term after conviction for an offence involving violence or moral turpitude. The restriction operates during the five-year period following expiration of the sentence.
The five-year period is linked by the statutory text to the expiration of the sentence. Whether a particular conviction involves violence or moral turpitude may depend on the nature and ingredients of the offence and the facts of the case.
Bond for Keeping the Peace or Good Behaviour
Section 9(1)(a)(iii) disqualifies a person during the term of a bond ordered for keeping the peace or for good behaviour.
The official consolidated text of the Arms Act continues to refer to Chapter VIII of the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the CrPC, subject to savings. The corresponding subject, "Security for Keeping the Peace and for Good Behaviour", appears in Chapter IX of the BNSS, 2023. Section 2(3) of the Arms Act also provides for construction of references to a law that is not in force in an area by reference to the corresponding law, if any, in force in that area.
For the current criminal procedure framework, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
Restrictions on Sale, Transfer, Conversion, Repair, Testing or Proof
Section 9(1)(b) also places duties on a person dealing with firearms or ammunition. A person must not sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, a person whom he knows or has reason to believe:
- is prohibited by Section 9(1)(a) from acquiring, possessing or carrying firearms or ammunition; or
- is of unsound mind at the time of the transaction or work.
The statutory test includes both actual knowledge and circumstances giving a person reason to believe that the recipient is disqualified.
Training Exception for Persons Below 21 Years
Section 9(2) permits a prescribed training exception. Rule 36 of the Arms Rules, 2016 provides that a person below 21 years but not below 12 years may be allowed to use permissible-category arms for training in the immediate presence, or under the direct supervision and guidance, of an adult instructor or licensee.
Separate exemptions may also apply to specified categories of sport shooters subject to the conditions of Central Government notifications. These exceptions should not be treated as a general entitlement to acquire or possess firearms independently.
See the Ministry of Home Affairs arms rules and notifications for the current official materials.
Penalties for Contravention of Section 9
| Provision | Contravention | Current punishment |
|---|---|---|
| Section 25(2) | A person below 21 years covered by Section 9(1)(a)(i) acquires, possesses or carries a firearm or ammunition contrary to Section 9 | Imprisonment up to 1 year, or fine, or both |
| Section 25(1B)(d) | A person covered by Section 9(1)(a)(ii) or (iii) acquires, possesses or carries a firearm or ammunition contrary to Section 9 | Imprisonment of not less than 2 years, which may extend to 5 years, and fine |
| Section 25(1B)(e) | Sale, transfer, conversion, repair, testing or proving in contravention of Section 9(1)(b) | Imprisonment of not less than 2 years, which may extend to 5 years, and fine |
The proviso to Section 25(1B) permits a court, for adequate and special reasons recorded in the judgment, to impose a sentence below the prescribed minimum.
Important: Firearm eligibility and criminal liability can depend on the person's age, conviction history, sentence, bond period, mental condition, licence status, applicable exemptions and the exact conduct alleged. The current Act, rules and notifications should be checked in a specific case.
Official Legal Sources
Related Arms Act Provisions
See also Section 3 on acquisition and possession of firearms and ammunition, Section 5 on manufacture and sale, Section 8 on firearm identification marks, and Section 13 on grant of licences.
Last reviewed: September 7, 2026.