Variation, suspension and revocation of licences
Section 17 of the Arms Act, 1959 deals with variation, suspension and revocation of licences. The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may specified in the notice. The Act came into force on 01 Oct 1962.
(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence,
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.
(6) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority.
(7) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence:
Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.
(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.
(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act throughout India or any part thereof.
(10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.
Section 17, 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.
Referred to by 1
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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Raj Kumar Yadav @ Mantu Yadav v. State of Bihar
Court's Decision & Legal Precedent
Final Order order-1.pdf DATE VERIFIED (Mohit Kumar Shah J.; oral judgment 17-10-2019 / upload 18-10-2019). Quashes arms-licence cancellation for want of recorded reasons under Arms Act s.17(5); applies Kapildeo Singh Full Bench — pendency of major/capital crime may justify suspension/revocation under s.17(3)(a) but only after notice, application of mind and written reasons. Remands; suspension continues meantime. Map Arms 17.
On this section: s.17 variation/suspension/revocation — Kapildeo Singh applied; reasons under s.17(5) mandatory; remand with continued suspension.
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.
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 17
What have the courts held on Section 17 of the Arms Act?
Raj Kumar Yadav @ Mantu Yadav v. State of Bihar (18 Oct 2019) is the leading judgment on this section among those set out below: s.17 variation/suspension/revocation — Kapildeo Singh applied; reasons under s.17(5) mandatory; remand with continued suspension.
How do I find court cases under Section 17 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 17, section 17 Arms Act, section 17 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 Raj Kumar Yadav @ Mantu Yadav v. State of Bihar (18 Oct 2019).
What should I read with Section 17 of the Arms Act, and has it changed?
1 other provision in this corpus refers 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 17 of the Arms Act come into force?
Section 17 of the Arms Act, cited as Arms Act 17, 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
- 24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas etc560 words
- 21. Deposit of arms, etc., on possession ceasing to be lawful466 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 14 Oct 2026. This page is not a substitute for legal advice.