Section 25(1AB) in The Arms Act, 1959

(1AB)[ Whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.] [Inserted by Act No. 48 of 2019, dated 13.12.2019.]

Form of Charge ▼

Form of Charge under section 25(1-A)I,..............(name and office of the Court of Session), ereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., acquired, had in your possession or carried prohibited arms or prohibited ammunition, namely,..............., in contravention of section 7 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-A) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

[(1-AA) Whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than [ten years] [Inserted by Act 42 of 1988, Section 5 (w.e.f. 27.5.1988.] but which may extend to imprisonment for life and shall also be liable to fine.]

Form of Charge ▼

Form of Charge under section 25(1-AA)I,..............(name and office of the Court of Session),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., manufactured/sold/transferred/converted/repaired/tested or proved/exposed or offered for sale or transferred or had in your possession for sale/transfer/conversion/repair/test or proof prohibited arms or prohibited ammunition, namely,..............., in contravention of section 7 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-AA) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

[(1-AAA)] [Section 25 of sub-Section (1-A) renubered as sub-Section (1-AAA) inserted by Act 42 of 1988, Section 5 (w.e.f. 27.5.1988.]Whoever has in contravention of a notification issued under section 24-A in his possession or in contravention of a notification issued under section 24-B carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than [three years, but which may extend to seven years] [[Substituted by Act 39 of 1985, Section 2,for "one year, but which may extend to seven years.]] and shall also be liable to fine.

Form of Charge ▼

Form of Charge under section 25(1-AAA)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., had in contravention of a notification issued under section 24-A of the Arms Act, 1959 in your possession or in contravention of a notification issued under section 24-B of the Arms Act, 1959 carried or otherwise had in your possession, arms or ammunition, namely,..............., and thereby committed an offence punishable under section 25(1-AAA) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(1-B) Whoever

(a)acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or

Form of Charge ▼

Form of Charge under section 25(1-B)(a)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., acquired/had in your possession or carried a firearm or ammunition, namely,..............., in contravention of section 3 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-B)(a) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(b)acquires, has in his possession or carries in any place specified by notification under section 4 any arms of such class or description as has been specified in that notification in contravention of that section; or

Form of Charge ▼

Form of Charge under section 25(1-B)(b)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., acquired/had in your possession or carried in a place, namely,..............., specified by notification under section 4 of the Arms Act, 1959 any arm, namely,..............., of such class or description............... (describe class or description) which had been specified in that notification in contravention of that section, and thereby committed an offence punishable under section 25(1-B)(b) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(c)sells or transfers any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon as required by sub-section (2) of section 8 or does any act in contravention of sub-section (1) of that section; or

Form of Charge ▼

Form of Charge under section 25(1-B)(c)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., sold or transferred a firearm, namely,..............., which did not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon as required by sub-section (2) of section 8 of the Arms Act, 1959 or did an act, to wit, ..............., in contravention of sub-section (1) of that section and thereby committed an offence punishable under section 25(1-B)(c) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(d)being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or

Form of Charge ▼

Form of Charge under section 25(1-B)(d)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) of section 9 of the Arms Act, 1959 applied/acquired, had in your possession or carried a firearm or ammunition, namely,..............., in contravention of that section, and thereby committed an offence punishable under section 25(1-B)(d) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(e)sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause (b) of sub-section (1) of section 9; or

Form of Charge ▼

Form of Charge under section 25(1-B)(e)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of theaccused)as follows:That you,on or about the...............day of.............., at..............., sold or transferred or converted/repaired/tested/or proved a firearm or ammunition, namely,..............., in contravention of clause (b) of sub-section (1) of section 9 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-B)(e) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(f)brings into, or takes out of, India, any arms or ammunition in contravention of section 10; or

Form of Charge ▼

Form of Charge under section 25(1-B)(f)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., brought into or took out of India, arms or ammunition, namely,..............., in contravention of section 10 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-B) (f) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(g)transports any arms or ammunition in contravention of section 12; or

Form of Charge ▼

Form of Charge under section 25(1-B)(g)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., transported arms or ammunition, namely,..............., in contravention of section 12 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-B) (g) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(h)fails to deposit arms or ammunition as required by sub-section (2) of section 3, or sub-section (1) of section 21; or

Form of Charge ▼

Form of Charge under section 25(1-B)(h)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., failed to deposit arms or ammunition, namely,..............., as required by sub-section (2) of section 3, or sub-section (1) of section 21 of the Arms Act, 1959, and thereby committed an offence punishable under section 25(1-B) (h) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(i)being a manufacturer of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or kept or intentionally fails to exhibit or conceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept, shall be punishable with imprisonment for a term which shall not be less than [two years but which may extend to five years and shall also be liable to fine] [Substituted 'one year but which may extend to three years' by Act No. 48 of 2019, dated 13.12.2019.] and shall also be liable to fine:

Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than [two years] [Substituted 'one year' by Act No. 48 of 2019, dated 13.12.2019.].

Form of Charge ▼

Form of Charge under section 25(1-B)(i)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., being a manufacturer of or dealer in arms or ammunition,namely,..............., failed on being required to do so by rules made under section 44 of the Arms Act, 1959, to maintain a record or account or to make therein all such entries as were required by such rules or intentionally made a false entry therein or prevented or obstructed the inspection of such record or account or the making of copies of entries therefrom or prevented or obstructed the entry into premises or other place where arms or ammunition, namely,..............., were or was manufactured or kept or intentionally failed to exhibit or concealed such or refused to point out where the same were or was manufactured or kept and thereby committed an offence punishable under section 25(1-B)(i) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.

(1-C) Notwithstanding anything contained in sub-section (1-B), whoever commits an offence punishable under that sub-section in any disturbed area shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.Explanation. - For the purposes of this sub-section, disturbed area means any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order, and includes any areas specified by notification under section 24-A or section 24-B.

Form of Charge ▼

Form of Charge under section 25(1-C)I,..............(name and office of the Magistrate, etc.),hereby charge you..............(name of the accused)as follows:That you,on or about the...............day of.............., at..............., notwithstanding anything contained in sub-section (1-B), committed an offence, to wit, ..............., punishable under that sub-section in a disturbed area, to wit,...............and thereby committed an offence punishable under section 25(1-C) of the Arms Act, 1959, and within my cognizance.And I hereby direct that you be tried by this Court on the said charge.