THE
ARMS ACT, 1878
Sections
Contents
Preamble
I.-PRELIMINARY
1
Short
title, local extent
2
Commencements
3
Replead
4
Interpretation-clause
II.-MANUFACTURE,
CONVERSION AND
SALE
5
Unlicensed
manufacture, conversion and sale prohibited
III.-IMPORT,
EXPORT AND TRANSPORT
6
Unlicensed
importation and exportation prohibited
7
Sanction
of Central Government required to warehousing of arms, etc.
8
Repealed
9
Repealed
10
Power
to prohibit transport
11
Power
to establish searching stations
12
Arrest
of persons conveying arms, etc
IV.
GOING ARMED AND POSSESSING ARMS ETC.
13
Prohibition
of going armed without license
14
Unlicensed
possession of fire-arms, etc
15
Possession
of arms of any description without license prohibited in certain places
16
In
certain cases arms to be deposited at police-stations or with licensed dealers.
V.
LICENCES
17
Power
to make rules as to licenses
18
Canceling
and suspension of license
VI.-PENALTIES
19
For
breach of sections 5, 6, 10, 13 to 17
20
For
secret breaches of sections 5, 6, 10, 14 and 15
21
For
breach of license
22
For
knowingly purchasing arms, etc., from unlicensed person. For delivering arms,
etc. to person not authorized to possess them
23
Penalty
for breach of rule
24
Power
to confiscate
VII.-MISCELLANEOUS
25
Search
and seizure by Magistrate
26
Seizure
and detention by appropriate Government
27
Power
to exempt
28
Information
to be given regarding offences
29
Sanction
required to certain proceedings under section 19, clause (f)
30
Searches
in the case of offences against section 19, clause (f), how conducted
31
Operation
of other laws not barred
32
Power
to take census of fire-arms
33
Notice
and limitation of proceedings
First
Schedule
Second
Schedule
THE
ARMS ACT, 1878
ACT
No. XI OF 1878 15th March.1878
An
Act to
consolidate and amend the law relating to Arms, Ammunition and military Stores.
WHEREAS it is expedient to consolidate and amend the law relating to
arms, ammunition and military stores ; It is hereby enacted as follows:-
Statement
of Objects and Reasons
(For
the Statement of Objects and Reasons, see Gazette of India, 1877, Pt. V, p.
650;
for discussions in Council, see ibid. 1877, Supplement, pp. 3016 and 3030;
ibid.,
1878, Supplement, pp. 435 and 453.
Entrustment
of functions
The
functions of the Central Government under certain provisions of this Act,
subject to certain conditions, were entrusted to-
(a)
Provincial Governments with their consent, for a period of three years (with effect
from the 1st April, 1951), see Gaz. of P., 1951, Pt. I, p. 181; and
(b)
The Chief Commissioner of Karachi, for the period 28th April, 1952 to 31st
March,
1957, see Gaz. of P., 1954, Pt. I, p. 136.
Act
applied to-
(i)
Baluchistan by Regulation III of 1940 with certain restrictions and
modifications.
(ii)
Phulera in the Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.-W.F.P., subject to certain modifications; see N.-W.F.P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
(iii)
Excluded Area of Upper Tanawal other than Phulera, by the N: W. F.P. (Upper Tanawal)
(Excluded Area) Laws Regulation, 1950 and declared to be in force in that area
with effect from 1st June, 1951; see N: W.F.P. Gazette, Ext., dated 1st June, 1951
;and
(iv)
The Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G.
O. 3 of 1950); and applied in the Federated Areas of Baluchistan; see Gazette
of India, 1937, Pt. I, p. 1499.
Extent
It
has been extended to the Baluchistan States Union by the Baluchistan States Union
(Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of 1953), as amended.
The
Act has been and shall be deemed to has been brought into force in Gwadur with effect
from the 8th September, 1958 by the Gwadur (Applica*tion of Central Laws) Ordinance,
1960 (37 of 1960), s. 2. It is in force throughout the province of Assam except
the Lushai Hills, see Notification No. 2443-T., dated the 1st June, 1914, Assam
Gazette, 1914, Pt. II, p. 843. A license granted under the Explosives Act, 1884
(4 of 1884), for the manufacture, possession, sale, transport or importation of
an explosive may be given the effect of a like license granted under the Arms
Act, 1878 (11 of 1878), see Act 4 of 1884, s. 15.
As
to the possession, manufacture and export of arms, ammunition and gun-powder in
the Chittagong Hill Tracts, see the Chittagong Hill Tracts Re*gulation, 1900 (1
of 1900), ss. 11 and 12. As to further law relating to unlawful manufacture and
possession of explosive substances, see the Explosive Substances Act, 1908 (6
of 1908), ss 4 (b) and 5. This Act has been repealed in its application to the
Province of West Pakistan except certain provisions by West Pakistan Ordinance
20 of 1965, s. 29 (with effect from the 8th June, 1965).
The
Act has been amended in Bengal by the Bengal Criminal Law (Arms and Explosives)
Act, 1932 (Ben. 21 of 1932), and the Bengal Criminal Law (Amendment) Act, 1934
(Ben. 7 of 1934); and in the N.-W.F.P. by the Indian Arms (N.-W.F.P. Arndt.)
Act, 1934 (N.-W.F.P. 1 of 1934) and Sind Act 10 of 1953 s. 12.)
I.-PRELIMINARY
1.
Short title, local extent This act may be called the Arms act,1878; and it
extends to the whole of Pakistan.
Savings:-- But nothing
herein contained shall apply to--
(a)
arms, ammunition or military stores on board, any sea going vessel and forming
part
of her ordinary armament or equipment, or
(b)
The manufacture, conversion, sale, Import, export, transport, bearing or possession
of arms, ammunition or military stores by order of the Central Government or
any provincial government, or by a public servant or a member of the forces
constituted by the Pakistan Territorial Force Act, 1950 in the Course of his duty
as such public servant or member .
2.
Commencement.
This Act shall come into force on such day 1[ as the 2[Central Government] by
notification in the 3 [official Gazette] appoints.
Legal
amendments
1.
1st October 1878-see Gazette of India, 1878, Pt. I, p. 389.
2.
Subs. by A .O. 1937, for "G. G. in C
3.
Subs. ibid. for "Gazette of India".
3.
1[REPLEAD]
Legal
amendments
1.
Rep. by the Repealing Act, 1938 (1 of 1938), S. 2 and Sch.
4.
Interpretation-clause.
-In this Act, unless there be something repugnant in the subject or context,- "Cannon"
includes also all howitzers, mortars, wall-pieces, mitrailleuses and other ordnance
and machine-guns, all parts of the same, and all carriages, platforms and appliances
for mounting, transporting and serving the same:
["Appropriate
Government" 1[means, in relation to matters enumerated in the
Third
Schedule to the Constitution, the Central Government and, in relation to other matters,
the Provincial Government:]
"arms"
includes fire-arms, bayonets, swords, daggers, spears, spearheads and bows
and
arrows, also cannon and parts of arms, and machinery for manufacturing arms
"ammunition"
includes also all articles specially designed for torpedo service and
submarine
mining, rockets, gun-cotton, dynamite, lithofracteur and other explosive
or
fulminating material, gun-flint, gun-wads, per*cussion-caps, fuses and friction-tubes,
all parts of ammunition and all machinery for manufacturing ammunition, but
does not include lead, sulphur or salt petre "military stores",
in any section of this Act as applied to any part of 2[Pakistan] may from time
to time, by notification in the 3[official Gazette], specially extend such section
in such part, and includes also all lead, sulphur, saltpeter and other material
to which the 4[Central Government] may from time to time so extend such
section:
"license"
means a license granted under this Act, and "licensed" means holding
such license.
Legal
Amendments
1.
The definition was ins. by A. O., 1964, Art. 2 and Sch.)
2.
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3
and
2nd Sch. (with effect from the 14th October, 1955), for the Provinces and the
Capital
of the Federation" which had been subs. by A. O., 1949, Arts, 3(2) and 4,
for "British India.") [Pakistan], means any military stores to which
the (Subs. by A. O., 1937, for "G. G. in C.
3.
(Subs. ibid., for "Gazette of India".)
4.
(Subs. by A. O., 1937, for "G. G. in C.")
II.-MANUFACTURE,
CONVERSION AND SALE
5.
Unlicensed manufacture, conversion and sale prohibited.--No person
shall
manufacture,
convert or sell, or keep, offer or expose for sale, any arms, ammunition or
military stores, except under a license and in the manner and to the
extent
per*mitted thereby. Nothing herein contained shall prevent any, person from
selling any arms or ammunition which he lawfully possesses for his own private
use to any person who is not by any enactment for the time being in force
prohibited from possessing the same ; but every person so selling arms or
ammunition to any person other than a person entitled to possess the same by
reason of an exemption under section 27 of this Act shall, without unnecessary
delay, give to the Magistrate of the district, or to the officer in charge of
the nearest police-station, notice of the sale and of the purchaser's name and
address.
III.-IMPORT,
EXPORT AND TRANSPORT
6.
Unlicensed importation and exportation prohibited. No person
shall bring or
take
by sea or by land into or out of [Pakistan] any arms, ammunition or military stores
except under a license and in the manner and to the extent permitted by such
license.
Importation and exportation of arms and ammunition for private use. Nothing in
the first clause of this section extends to arms (other than cannon) or
ammunition imported or exported in rea*sonable quantities for his own private
use by any person lawfully entitled to possess such arms or ammunition; but the
Collector of Customs or any other officer empowered by the 1[Central
Government] in this behalf by name or in virtue of his office may at any time
detain such arms or ammunition until he receives the orders of the 2[Central
Government] thereon.
Explanation.-Arms,
ammunition and military stores taken from one part of [Pakistan] to another by
sea or across inter*vening territory not being part of [Pakistan] are taken out
of and brought into [Pakistan] within the meaning of this section.
Legal
Amendments
1.
(Subs. by A. O., 1937, for "L. G.".)
2.
(Subs. by A. O., 1937, for "L. G.".)
7.
Sanction of Central Government required to warehousing of arms, etc.--
Notwithstanding
anything contained in the Sea-Customs Act, 1878, no arms, ammunition or
military stores shall be de*posited in any warehouse licensed under section 16
of that Act without the sanction of the 1[Central Government]. VIII of 1878.
Legal
Amendments
1.
Subs. by A. O., 1937, for "L. G.
8.
[Levy of duties on arms, etc., imported by sea.] 1[Repealed.] Legal amendments
1.
Rep. by the Amending Act, 1891 (XII of 1891).
9.
[Power to impose duty on import by land.] 1[Repealed.] Legal amendments
1.
Rep. By the Amending Act, 1891 (XII of 1891).
10.
Power to prohibit transport. The 1["Central Government" may, from
time to
time,
by notification in the 2[official Gazette],- (a) regulate or prohibit the
transport of any description of arms, ammunition or military stores over (See
foot-note 2 on page 396, supra.) [the whole of Pakistan] or any part thereof,
either altogether or except under a license and to the extent in the manner
permitted by such license, and (b) cancel any such notification.
Transhipment
of arms.-Explanation.-Arms, ammunition or military stores
transhiped
at a port in [Pakistan] are transported within the meaning of this section.
Legal
amendments
1.
Subs. by A. O., 1964, Art 2 and Sch., for which bad been subs. by A. O., 1937,
for "G. G. in C.". 2. Subs. by A. O., 1937, for "Gazette of
India"
11.
Power to establish searching stations.--The 1[Central Government] may, at any
places along the boundary-line between [Pakistan] and foreign territory 2[and
at such distance within such line as it deems expedient, establish,
searching-posts at which all vessels, carts and baggage-animals, and all boxes,
bales and packages in transit, may be stopped and searched for arms, ammunition
and military stores by any officer empowered by 3[the Central Govern*ment] in
this behalf by name or in virtue of his office.
Legal
amendments
1.
Subs. by A. O., 1937, for "L. G.
2.
The words "or between a Province and an Acceding State", which were
ins. by A. O., 1949, Sch., have been omitted by A. O., 1964, Art. 2, and Sch.
3.
Subs. by A. O., 1937, for "such Govt.
12.
Arrest of persons conveying arms, etc., under suspicious circumstances.
When
any person is found carrying or conveying any arms, ammunition or military
stores,
whether covered by a license or not, in such manner or under such circumstances
as to afford just grounds of suspicion that the same are being carried
by
him with intent to use them, or that the same may be used, for any unlawful purpose,
any person may without warrant apprehend him and take such arms, ammunition or
military stores from him. Procedure where arrest made by person not Magistrate
or Police-officer. Any person so apprehended, and any arms, ammunition or
military stores so taken by a person not being a Magistrate or Police-officer,
shall be delivered over as soon as possible to a Police *officer. All persons
apprehended by, or delivered to, a Police-officer, and all arms and ammunition
seized by or delivered to any such officer under this section, shall be taken
without unnecessary delay before a Magistrate.
IV.-GOING
ARMED AND POSSESSING ARMS, ETC.
13.
Prohibition of going armed without license. No person shall go armed with any
arms except under a license and to the extent and in the manner permitted thereby.
Any person so going armed without a license or in contravention of its
provisions may be disarmed by any Magistrate, Police officer or other person
empowered by the 1[appropriate Government] in this behalf by name or by virtue
of his office.
Legal
amendments
1,
(Subs. by A. O., 1964, Art 2 and Such., for "Central Government"
which had been subs. by A. O., 1937, for L. G.".)
14.
Unlicensed possession of fire-arms, etc.-----No person shall have in his
possession
or under his control any cannon or fire-arms or any ammunition or military
stores except under a license and in the manner and to the extent permitted
thereby.
15.
Possession of arms of any description without license prohibited in certain
places.
In any place to which section 32, clause 2, of Act No. XXXI of 1860 (Act 31 of
1860 was rep. by s. 3 of this Act.) applies at the time this Act comes into force
or to which [ aropriate Government] may by notification in [official Gazette] specially
extend this section(S. 15 has been especially extended to-
(1)
[aces in the Punjab,
(2)
places in assam]
no
person shall have in his possession any arms of any description, except under a
license and in the manner and to the extent permitted thereby.
Legal
amendments
1.
The original words " the Local Government with the previous sanction of
the Governor General in Council" were first subs. by A. O., 1937 and then
amended by
A.
O., 1964, Art. 2 and Sch., to read as above.
2.
the (Subs. by A. O., 1937, for "local offcial Gazette"
3.
see Punjab Gazette, 1899, Pt. I, p. 285; ibid., 1900, Pt. I, p. 810.
4.
see Assam Gazette, Extra., dated 23rd March, 1923.),
[16.
In certain cases arms to be deposited at police-stations or with licensed
dealers.
(1) Any person possessing arms, ammunition or mili*tary stores the possession
whereof has, in consequence of the can*cellation or expiry of a license or of
an exemption or by the issue of a notification under section 15 or otherwise,
become unlawful, shall without unnecessary delay deposit the same either with
the officer in charge of the nearest police-station or, at his option and
subject to such conditions as the [appropriate Government] may by rule
prescribe, with a licensed dealer.
(2)
When arms, ammunition or military stores have been de*posited under sub-section
(1) or before the first day of January, 1920, under the provisions of any law
for the time being in force, the depositor shall, at any time before the expiry
of such period as the (See foot-note 6 on preceding page.)[appropriate
Government may by rule prescribe, be
en*titled--
(a)
to receive back any thing so deposited the possession of which by him has become
lawful, and
(b)
to dispose, or authorize the disposal, of any thing so de*posited by sale or otherwise
to any person whose pos*session of the same would be lawful ; and to receive
the proceeds of any such sale:
Provided
that nothing in this sub-section shall be deemed to authorize the return or
disposal
of any thing the confiscation of which has been directed under section 24.
(3)
All things deposited as aforesaid and not returned or dis*posed of under sub-section
(2) within the prescribed period therein referred to shall be forfeited to [Government].
(4)
(a) The[appropriate Government] may make rules con*sistent with this Act for
carrying
into effect the provisions of this section.
(b)
In particular and without prejudice to the generality of the foregoing
provision,
the
(See foot-note 6 on page 399, supra.)[appropriate Government] may by rule prescribe-
(i)
the conditions subject to which arms, ammunition and military stores may be deposited
with a licensed dealer, and
(ii)
the period after the expiry of which things deposited as aforesaid shall be forfeited
under sub-section (3).]
V.
LICENCES
17.
Power to make rules as to licenses.--The [appropriate Government] may
from
time to time, by notification in the 1[official Gazette], make rules to
determine the officers by whom the form in which, and the terms and conditions
on and subject to which, any license shall be granted and may by such rules
among other matters--
(a)
fix the period for which such license shall continue in force;
(b)
fix a fee payable by stamp or otherwise in respect of any such license granted
in a place to which section 32, clause 2, of Act No. XXXI of 1860 applies at
the time this Act comes into force or in respect of any such li*cense other
than a license for possession granted in any other place;
(c)
direct that the holder of any such license other than a license for possession
shall keep a record or account, in such form as the [appropriate Government]
may prescribe of anything done under such license, and exhibit such record or
account when called upon by an officer of Government to do so ;
(d)
empower any officer of Government to enter and inspect any premises in which
arms,
ammunition or mili*tary stores are manufactured or kept by any person holding a
license of the description referred to in sec*tion 5 or section 6;
(e)
direct that any such person shall exhibit the entire stock of arms, ammunition and
military stores in his possession or under his control to any officer of Government
so empowered; and
(f)
require the person holding any license or acting under any license to produce
the same, and to produce or account for the arms, ammunition or military stores
covered by the same when called upon by an officer of Government so to do.
Legal
amendments
1.
(Subs. by A. O., 1937, for "Gazette of India".)
18.
Canceling and suspension of license. Any license may be cancelled or suspended,
(a)
by the officer by whom the same was granted, or by any authority to which he
may
be subordinate, or by any Magistrate of a district, within the local limits of whose
jurisdiction the holder of such license may be, when, for reasons to be recorded
in writing, such officer, authority, Magistrate deems it necessary for the security
of the public peace to can*cel or suspend such license ; or
(b)
by any Judge or Magistrate before whom the holder of such license is convicted
of
an offence against this Act, or against the rules made under this Act ; and the
1[appropriate Government] may by a notification in the official Gazette cancel
or suspend all or any licenses through*out 2[Pakistan or the Province, as the
case may
be,
or any part thereof]].
Legal
Amendments
1.
(Subs. by A. O., 1937, for "the L. G. may at its discretion, by a
notifica*tion in the local official Gazette, cancel or suspend all or any
licences through. out the whole or any portion of the territories under its
administration.")
2.
(The original words " the whole or any portion of British India" were
first subs. By A. O., 1949, Sch. and then amended by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the
14th October, 1955) and A. O., 1964, Art. 2 and Sch., to read as above.,
VI.-PENALTIES
19.
1[For breach of sections 5, 6, 10, 13 to 17 :--Whoever commits any of the following
offences (namely):-
(a)
manufactures, converts or sells, or keeps, offers or ex*poses for sale, any
arms, ammunition or military stores in contravention of the provisions of
section 5;
(b)
fails to give notice as required by the same section ;
(c)
imports or exports any arms, ammunition or military stores in contravention of the
provisions of section 6;
(d)
transports any arms, ammunition or military stores in contravention of a regulation
or prohibition issued under section 10;
(e)
goes armed in contravention of the provisions of section 13;
(f)
has in his possession or under his control any arms, ammunition or military
stores in contravention of the provisions of section 14 or section 15 ;
(g)
intentionally makes any false entry in a record or ac*count which, by a rule
made under section 17, clause (c), he is required to keep ;
(h)
intentionally fails to exhibit anything which, by a rule made under section 17,
clause (e), he is required to exhibit ; or
(i)
fails to deposit arms, ammunition or military stores, as required by section 14
or
section
16 ; shall be punished with imprisonment for a term which may extend to three
years, or with fine, or with both 2[
Legal
Amendments
1.
Offences under this section are bailable, see Code of Criminal Procedure, 1898
(Act
5 of 1898), Sch. II.
2.
After this section, a new S. 19A, prescribing a heavier penalty for offences
under cl. (a) (c), (e) or (f) of s. 19 in respect of certain arms, has been
inserted in Bengal. See the Bengal Criminal Law (Arms and Explosives) Act, 1932
(Ben 21 of 1932), s. 3 and the Bengal Criminal Law Arndt. Act, 1934 (Ben. 7 of
1934), s. 3.
20.
For secret breaches of sections 5, 6, 10, 14 and 15. Whoever does
any act mentioned in clause (a), (c), (d) or (f) of section 19, in such manner
as to indicate an intention that such act may not be known to any public
servant as defined in the Pakistan Penal Code, or to any person employed upon a
railway or to the servant of any public carrier, For concealing arms,
etc.-----and whoever, on any search being made under section 25, conceals or
attempts to conceal any arms, ammunition or military stores, shall be punished
with imprisonment for a term which may extend to seven years, or with fine, or
with both.
Legal
Amendments
1.
A proviso, prescribing a heavier penalty for offences under this section in respect
of certain arms, has been inserted in Bengal; see Ben. Act 21 of 1932, s. 4.
After this section, a new s. 20A prescribing heavier penalty in certain cases
has been inserted in Bengal; see Ben. Act 7 of 1934, s. 4.
21.
For breach of license.--Whoever,
in violation of a condition subject to which a
license
has been granted, does or omits to do any act shall, when the doing or omitting
to do such act is not punishable under section 19 or section 20, be punished with
imprisonment for a term which may extend to six months, or with fine which may
extend to five hundred rupees, or with both.
22.
For knowingly purchasing arms, etc., from unlicensed person. For
delivering
arms, etc., to person not authorised to possess them.-----Whoever knowingly
purchases any arms, ammunition or military stores from any person not
licensed
or authorized under the proviso to section 5 to sell the same ; or elivers any arms, ammunition or military
stores into the posses*sion of any person without previously ascertaining that
such per*son is legally authorized to possess the same,
shall
be punished with imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred rupees, or with both.
23.
Penalty for breach of rule.--Any person violating any rule made under this Act,
and for the violation of which no penalty is provided by this Act, shall be punished
with imprisonment for a term which may extend to one month, or with fine which
may extend to two hundred rupees, or with both.
24.
Power to confiscate.--When any person is convicted of an offence
punishable under this Act, committed by him in respect of any arms, ammunition
or military stores, it shall be in the discretion of the convicting: Court or
Magistrate further to direct that the whole or any portion, of such arms,
ammunition or military stores, and any
vessel, cart or' baggage-animal used to convey the same, and any box, package or bale in which the same may have
been concealed, together with the other
contents of such box, package or bale, shall be confiscated.
VII.-MISCELLANEOUS
25.
Search and seizure by Magistrate.--Whenever any Magistrate has reason to
believe that any person residing within the local limits of his jurisdiction
has in his
possession
any arms, ammunition or military stores for any un*lawful purpose, or that such
person cannot be left in the possession of any such arms, ammunition or
military stores without danger to the public peace, such Magistrate, having
first recorded the grounds of his belief, may cause a search to be made of the
house or premises occupied by such person or in which such Magistrate has
reason to believe *such arms, ammunition or military stores are or is to be
found, and may seize and detain the same, although covered by a license, in safe
custody for such time as he thinks necessary. The search in such case shall be
conducted by, or in the presence of, a Magistrate, or by, or in the presence
of, some officer specially empowered in this behalf by name or in virtue of his
office by the[appropriate Government].
26.
Seizure and detention by appropriate Government. The
appropriate Government may at any time order or cause to be seized any arms,
ammunition or military stores in the possession of any person, notwithstanding
that such person is licensed to possess the same, and may detain the same for
such time as it thinks necessary for the public safety.
27.
Power to exempt.
The appropriate Government may from time to time, by notification published in
the official Gazette. exempt any person by name or in virtue of his office, or
any class of persons, or exclude any description of arms or ammunition, or
withdraw any part of Pakistan, or of the province, as the case may be, from the
operation of any prohibition or direction contained in this Act; and cancel any
such notification, and again subject the per-sons or things or the part of Pakistan
or Province comprised therein to the operation of such prohibition or direction.
28.
Information to be given regarding offences.-----Every person aware of the commission
of any offence punishable under this Act shall, in the absence of reasonable
excuse, the burden of proving which shall lie upon such person, give in*formation
of the same to the nearest Police-officer or Magistrate, and every person
employed upon any railway or by any public carrier shall, in the absence of
reasonable excuse, the burden of proving which shall lie upon such person, give
information to the nearest Police officer regarding any box, package or bale in
transit which he may have reason to suspect contains arms, ammunition or military
stores in respect of which an offence against this Act has been or is being committed.
29.
Sanction required to certain proceedings under section 19, clause (f)
1[Where
an offence punishable under section 19, clause (f), has been committed within
three months from the date(The 1st October, 1878.) on which this Act comes into
force in any province, district or place .to which section 32, clause 2, of Act
XXXI of 1860 (Act 31 of 1860 was rep. by s. 3 of this Act.) applies at such
date, or where such an offence has been committed in any part of [Pakistan] not
being such a district, province or place, no proceed*ings shall be instituted
against any person in respect of such offence without the previous sanction of
the Magistrate of the district 2[*****].
Legal
Amendments
1.
This section has been rep in its application to the N: W.F.P. by the Indian
Arms (N.-W.F.P. Amdt.) Act, 1934 (N.-W.F.P. 1 of 1934)
2.
The words "or, in a presidency-town, of the Commissioner of Police"
omitted by A. O., 1949, Sch.
30.
Searches in the case of offences against section 19, clause (f), how
conducted.----Where a
search is to be made under the Code of Criminal Procedure
1[
in the course of any proceedings ins*tituted in respect of an offence
punishable under section 19, clause (f), such search shall, notwithstanding
anything contained in the said Code be made in the presence of some officer
spe*cially appointed by name or in virtue of his office by [appro*priate
Government] in this behalf, and not
otherwise.
Legal
Amendments
1.
( The words comma and figures "or the Presidency Magistrate Act,
1877" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of
1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955).),
31.
Operation of other laws not barred.--Nothing in this Act shall be deemed
to prevent any person From being prosecuted under any other law for any act or omission
which constitutes an offence against this Act or the rules made under it, or from
being liable under such other law to any higher punish*ment or penalty than that
provided by this Act : Provided that no person shall be punished twice for the same
offence.
32.
Power to take census of fire-arms.--The [appropriate Government] may from
time
to time, by notification in the [official Gazette], direct a census to be taken
of all fire-arms in any local area, and empower any ,person by name or in
virtue of his
office
to take such census. On the issue of any such notification, all persons possessing
any such arms in such area shall furnish to the person so empowered such
information as he may require in reference thereto, and shall produce such arms
to him if he so requires. Any person refusing or neglecting to produce any such
arms when so required shall be punished with imprisonment for a term which may
extend to one month, or with fine which may extend to two hundred rupees, or
with both.
33.
Notice and limitation of proceedings.--No proceeding other than a suit shall
be
commenced against any person for anything done in pursuance of this Act, without
having given him at least one month's previous notice in writing of the intended
proceeding and of the cause thereof, nor after the expiration of three months
from the accrual of such cause.
THE
FIRST SCHEDULE
1[Enactments
repealed. ]
Legal
Amendments
1.
Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.
THE
SECOND SCHEDULE
1[Arms,
etc., liable to Duty.]
Legal
Amendments
1.
Rep. by the Amending Act, 1891 (XII of 1891
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