Grant of licences
Section 13 of the Arms Act, 1959 deals with grant of licences. An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. The Act came into force on 01 Oct 1962.
(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.
1 [(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.
(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:
Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]
(3) The licensing authority shall grant
(a) a licence under section 3 where the licence is required
(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:
Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or
(ii) in respect of 2[firearm] a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.
Section 13, The Arms Act, 1959 (Act 54 of 1959).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 3 Licence for acquisition and possession of firearms and ammunition
- s. 4 Licence for acquisition and possession of arms of specified description in certain cases
- s. 5 Licence for manufacture, sale, etc., of arms and ammunition
- s. 6 Licence for the shortening of guns or conversion of imitation firearms into firearms
- s. 10 Licence for import and export of arms, etc
- s. 12 Power to restrict or prohibit transport of arms
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Hardevsinh Takhubha Jadeja v. State of Gujarat
Court's Decision & Legal Precedent
Final Order (DATE VERIFIED 01.04.2022, order-3.pdf): quashed/remanded arms-licence refusal for failure to apply Arms Act ss.13/14 grant-and-refusal framework; directed fresh consideration in accordance with law. Arms s.4 remains empty.
On this section: s.13 — Grant of licences; licensing authority must apply statutory criteria
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In the appeal filed by the petitioner, the 2nd respondent was directed to reconsider the matter. The 2nd respondent submitted that the licence was cancelled in the year 2000 and till date no instances of any threat to life was reported to the authorities concerned. Section 13 of the Arms Act mandated that the licensing authority shall obtain report of the police authority. The police authority did not recommend licence to the petitioner. 18. It may be noted that the petitioner was originally issued with an Arms licence. The licence was cancelled on the basis of a police report stating …
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… The appellant approached one after another authorities including this Court since 2009. Even from that date onwards, no instance of threat was brought to the notice of this Court. Merely by asking, a gun licence cannot be issued by the authorities. The licence can be issued under Section 13 of the Arms Act only if the licensing authority is satisfied that the person, by whom the licence is required, has a good reason for obtaining the same. Not even a single reason, much less good reason is shown by the appellant to obtain licence to possess the gun. Holding of arms cannot be treated as a status symbol …
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… TO JUDGE DST K. HARILAL, J. = = = = = = = = = = = = = = = = = = W.P. (C) No. 15125 of 2011 - - - - - - - - - -- - - - - - - - - - - Dated this the 10th day of March, 2016 J U D G M E N T The petitioner is the holder of an arms licence issued, as per Section 13 of the Arms Act, 1959 (hereinafter referred to as 'the Act') . He was granted licence for possession of a 30.6 bore rifle along with 50 cartridge, as early as on 30.01.1981. Ext.P1 is the true copy of the arms licence issued by the 3rd respondent. The licence granted to the petitioner has been renewed every year, as …
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 13
What have the courts held on Section 13 of the Arms Act?
Hardevsinh Takhubha Jadeja v. State of Gujarat (01 Apr 2022) is the leading judgment on this section among those set out below: s.13 — Grant of licences; licensing authority must apply statutory criteria.
How do I find court cases under Section 13 of the Arms Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arms Act 13, section 13 Arms Act, section 13 of the Arms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Hardevsinh Takhubha Jadeja v. State of Gujarat (01 Apr 2022).
What should I read with Section 13 of the Arms Act, and has it changed?
Its own text turns on section 3 (Licence for acquisition and possession of firearms and ammunition), section 4 (Licence for acquisition and possession of arms of specified description in certain cases), section 5 (Licence for manufacture, sale, etc., of arms and ammunition), section 6 (Licence for the shortening of guns or conversion of imitation firearms into firearms), and on 2 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently Arms Rules, 2016 (2016), then G.S.R. 701(E) dated 15/07/2019 on Arms Rules 2016 (2016), and 1 more.
When did Section 13 of the Arms Act come into force?
Section 13 of the Arms Act, cited as Arms Act 13, came into force on 01 Oct 1962, having been enacted on 23 Dec 1959. It is in force as at the date shown on this page.
Other sections of this Act
- 25. Punishment for certain offences1755 words
- 2. Definitions and interpretation734 words
- 44. Power to make rules681 words
- 24A. Prohibition as to possession of notified arms in disturbed areas, etc618 words
- 17. Variation, suspension and revocation of licences579 words
- 24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas etc560 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.