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IV.-GOING ARMED AND POSSESSING ARMS, ETC.

13. 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 prorisions may be disarmed by any Magistrate, Police-officer or other person empowered by the ? (appropriate Government] in this behalf by name or by virtue of his office.

14. 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.

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15. In any place to which section 32, clause 2, of Act No. XXXI of 1860 % applies at the time this Act comes into force or to which * [the appropriate Government] may by notification in the [official Gazette) specially extend this section,' 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.

$ [16.-(1) Any person possessing arms, ammunition or military stores the possession wherof has, in consequence of the cancellation 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 deposited 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 depositors shall, at any time before the expiry of such period as the (appropriate Government] may by rule prescribe, be entitled

(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 deposited by sale or otherwise to any person whose possession 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 disposed of under sub-section (2) within the prescribed period therein referred to shall be forfeited to 6 (Government).

(4) a) The '[appropriate Government] may make rules consistent with this Act for carrying into effect the provisions of this section. Possession of arms of any description without license prohibited in certain places.

1.3. In any place to which section 32, clause 2, of Act No. XXXI of 18609 applies at the time this Act comes into force or to which [the appropriate Government] may by notification in the - (official Gazette) specially extend this

10

? Srbs. br A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. PT A 0.. 19:37 for "L. G.".

The last three paras. of section 14 were rep. by Amending Act, 1891 (12 of 1891). * Art 31 of 1860 was ren. hy 8. 3 of this Act.

* 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.

Snh, hy A. O., 1937. for "local official Gazette". • S. 15 has been especially extended to

(1) Places in the Punjab, see Punjab Gazette, 1899, Pt. I, p. 285 ; ibid., 1900, Pt. I, P. 810.

(2) Places in Assam, see Assam Gazette, Extra., dated 23rd March, 1923. * Subs. by the Indian Arms (Amdt.) Act, 1919 (20 of 1919), s. 2, for the original section.

Subs. by A. O., 1961, Art. 2, for "His Majesty” (with effect from the 23rd March 1936). Act 31 of 1860' was rep. by s. 3 of this Act.

15 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.

section,' 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. In certain cases arms to be deposited at police-stations or with licensed deal.

ers.

2 16.—(1) Any person possessing arms, ammunition or military stores the possession whereof has, in consequence of the cancellation 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 deposited 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 6[appropriate Government] may by rule prescribe, be entitled

(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 deposited by sale or otherwise to any person whose possession 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 disposed 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 consistent with this Act for carrying into effect the provision of this section.

(b) In particular and without prejudice to the generality of the foregoing provision, the 3 (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 Power to make rule as to licenses.

17. The ' (appropriate Government] may from time to time, by notification in the 5 [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 grantedo; 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 license 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 1[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;

1S. 15 has been especially extended to-(1) Places in the Punjab, see Punjab Gazette, 1899, Pt. I, p. 285 ; ibid., 1900, Pt. I, p. 810. (2) Places in Assam, see Assam Gazette. Extra., dated 23rd March, 1923.

* Subs. by the Indian Arms (Amdt.) Act, 1919 (20 of 1919), s. 2, for the original section.

3 Sec footnote 6 on preceding page. 4 Subs. by A.O., 1961, Art. 2, for "His Majesty" (with effect from the 23rd March, 1956). 5 Subs. by A.0., 1937, for "Gazette of India". • For Rules as to licences, see the Indian Arms Rules, 1921, Genl. R.&0., Vol. II. 7 Act 31 of 1860 was rep. by s. 3 of this Act.

(d) Empower any officer of Government to enter and inspect any premises in which, and the terms and conditions on and subject to which, any license any person holding a license of the description referred to in section 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. Cancelling and suspension of license.

18. 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. 1 ***, 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 2 *** deems it necessary for the security of the public peace to cancel 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

3[the] 4[appropriate Government] may be a notification in the official Gazette cancel or suspend all or any licenses throughout 5[Pakistan or the Province, as the case may be, or any part thereof).

VI.-PENALTIES

For breach of sections 5, 6, 10, 13 to 17.

* 19. Whoever commits any of the following offences (namely ) :

(a) Manufactures, converts or seils, or keeps offers or exposes for sale, any arns, 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 account 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.

1 The words "or Commissioner of Police in a presidency-town" omitted by A.O., 1949, Sch.

: The words "or Commissioner" omitted, ibid.

* Subs. by A.O.. 1937, for “the L.G. may at its discretion. by a notification in the local official Gazette, cancel or suspend all or any licences throughout the whole or any portion of the territories under its administration."

* Subs. by A.0., 1964, Art 2 and Sch., for "Central Gorernment".

$ 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) Ordiance, 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 abore.

• Ofences under this section are bailable, see Code of Criminal Procedure, 1898 (Act 5 of 1898), Sch. II.

? After this section, a new s. 19A, prescribing a hearier penalty for offenses 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 Amdt. Act. 1934 (Ben. 7 of 1931), s. 3.

For secret breaches of sections 5, 6, 10, 14, and 15XLV of 1860.

20. 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." For breach of license.

21. 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. For knowingly purchasing arms, etc., from unlicensed person.

22. 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

Delivers any arms, ammunition or military stores into the possession of any person without previously ascertaining that such person is legally authorized to possess the same, For delivering arms, etc., to person not authorized to possess them.

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. Penalty for breach of rule.

23. 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. Pouer to confiscate.

24. When any person is convicted of an offense 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

Search and seizure by Jagistrate.

2.5. 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 unlawful 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 Magist rate, 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).

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, 8. 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.

2 See footnote 4, preceding page.

Seizure and detention by appropriate Government.

26. The 1(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. Power to exempt.

27. The '[appropriate Government] may from time to time, by notification ? published in the ' [official Gazette),

* (a) 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

(b) Cancel any such notification, and again subject the persons or things or the part of [Pakistan] o [or Province] comprised therein to the operation of such prohibition or direction.” Information to be given regarding offences.

28. 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 information 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. Sanction required to certain proceedings under section 19, clause (f).

8 29. Where an offence punishable under section 19, clause (f), has been committed within three months from the date' on which this Act comes into force in any province, district or place to which section 32, clause 2, of Act 'XXXI of 1860 19 applies at such date, or where such an offense has been committed in any part of [Pakistan) not being such a district, province or place, no proceedings shall be instituted against any person in respect of such offence without the previous sanction of the Magistrate of the district Searches in the case of offences against section 19, clause (f), how conducted.

30. Where a search is to be made under the Code of Criminal Procedure 13 * * *, in the course of any proceedings instituted in respect of an offence punishable under section 19, clause (f), such search shall, notwithstanding anything contained in the said Code 14* * *, be made in the presence of some officer specially appointed by name or in virtue of his office by the '[appropriate Government] in this behalf, and not otherwise.

11 * * *

12

i See footnote 4 on page 2527. supra.

2 For exemptions and withdrawals under s. 27 (a) see rule 3 and Schedules I to IV of the Indian Arms Rules, 1924.

3 Subs. by A.O., 1937, for “Gazette of India". * For notifn. under this clause, see Gaz. of P., 19.53, Pt. I, p. 188; and ibid., 1961, Pt. I. p. 247. - See footnote 7 on page 2523, supra. & Ins. by A.O., 1964, Art. 2 and Sch.

: For notification declaring arms, etc., brought into a Pakistan port and declarer under manifest to be consignments without transhipment to any port on the sea board of the Persian Gulf. to be liable to the prohibitions and directions contained in s. 6, see No. 902-P., dated 27th April, 1904, Gazette of India, 1904, pt. I, p. 296. As to exemtion of small parcels under certain conditions or of arms, etc., exported under license and intransit at an intermediate port, see ibid.

$ This section has been rep. in its aplication to the N.-W.F.P. by the Indian Arms (N.-W.F.P. Admdt.) Act. 1934 (N.-W.F.P. 1 of 1934).

The 1st October, 1878. 19 Act 31 of 1860 was rep. by s. 3 of this Act.

11 The words "or, in a presidency-town, of the Commissioner of Police" omitted by A.0., 1949, Sch.

12 See now the Code of Criminal Procedure, 1898 (5 of 1898).

13 The words comma and figures “or the Presidency Magistrate Act, 1877" omitted hy the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955)

14 The words "or Act" omitted ibid. (with effect from the 14th October, 1953).

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