Punishment for certain offences
Section 25 of the Arms Act, 1959 deals with punishment for certain offences. Whoever-- (a) [manufactures, obtains, procures], 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 arms or ammunition in contravention of section 5; The Act came into force on 01 Oct 1962.
1[(1) Whoever--
(a) 2[manufactures, obtains, procures], 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 arms or ammunition in contravention of section 5; or
(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm 3[or convert from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms] in contravention of section 6; or
4* * * * *
(d) brings into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11,
shall be punishable with imprisonment for a term which shall not be less than 5[seven years but which may extend to imprisonment for life] and shall also be liable to fine.
6[(1A) Whoever acquires, has in his possession or carries 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 7[seven years but which may extend to fourteen years] and shall also be liable to fine.
8[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 seven years.]
8[(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.]
(1AA) 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 9[ten years] but which may extend to imprisonment for life and shall also be liable to fine.]
10[(1AAA)] Whoever has in contravention of a notification issued under section 24A in his possession or in contravention of a notification issued under section 24B 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 11[seven years but which may extend to imprisonment for life] and shall also be liable to fine.
(1B) Whoever--
(a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or
(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
(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
(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
(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
(f) brings into, or takes out of, India, any arms or ammunition in contravention of section 10; or
(g) transports any arms or ammunition in contravention of section 12; or
(h) fails to deposit arms or ammunition as required by sub-section (2) of section 3, or
sub-section (1) of section 21; or
(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 12[two years but which may extend to five years and shall also be liable to fine] 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 13[two years].]
14[(1C) Notwithstanding anything contained in sub-section (1B), 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 24A or section 24B.]
(2) Whoever being a person to whom sub-clause (i) 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 shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
15[(3) Whoever sells or transfers any firearm, ammunition or other arms--
(i) without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station, of the intended sale or transfer of that firearm, ammunition or other arms; or
(ii) before the expiration of the period of forty-five days from the date of giving such information to such district magistrate or the officer in charge of the police station,
in contravention of the provisions of clause (a) or clause (b) of the proviso to sub-section (2) of section 5, shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both.]
(4) Whoever fails to deliver-up a licence when so required by the licensing authority under sub-section (1) of section 17 for the purpose of varying the conditions specified in the licence or fails to surrender a licence to the appropriate authority under sub-section (10) of that section on its suspension or revocation shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both.
(5) Whoever, when required under section 19 to give his name and address, refuses to give such name and address or gives a name or address which subsequently transpires to be false shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to two hundred rupees, or with both.
16[(6) If any member of an organised crime syndicate or any person on its behalf has at any time has in his possession or carries any arms or ammunition in contravention of any provision of Chapter II 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.
(7) Whoever on behalf of a member of an organised crime syndicate or a person on its behalf, --
(i) manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or
(ii) shortens the barrel of a firearm or converts an imitation firearm into a fire arm or converts from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms in contravention of section 6; or
(iii) brings into, or takes out of India, any arms or ammunition of any class or description in contravention of section 11,
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.
Explanation.--For the purposes of sub-sections (6) and (7),--
(a) organised crime means any continuing unlawful activity by any person, singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person;
(b) organised crime syndicate means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime.
(8) Whoever involves in or aids in the illicit trafficking of firearms and ammunition in contravention of sections 3, 5, 6, 7 and 11 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.
Explanation.--For the purposes of this sub-section, illicit trafficking means the import, export, acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within the territory of India, if the firearms and ammunition are not marked in accordance with the provisions of this Act or are being trafficked in contravention of the provisions of this Act including smuggled firearms of foreign make or prohibited arms and prohibited ammunition.
(9) Whoever uses firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both.
Explanation.--For the purposes of this sub-section, celebratory gunfire means the practice of using firearm in public gatherings, religious places, marriage parties or other functions to fire ammunition.]
Section 25, 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. 7 Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition
- s. 8 Prohibition of sale or transfer of firearms not bearing identification marks
- s. 9 Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc
- s. 10 Licence for import and export of arms, etc
- s. 11 Power to prohibit import or export of arms, etc
- s. 12 Power to restrict or prohibit transport of arms
- s. 17 Variation, suspension and revocation of licences
- s. 19 Powers to demand production of licence, etc
- s. 21 Deposit of arms, etc., on possession ceasing to be lawful
- s. 24A Prohibition as to possession of notified arms in disturbed areas, etc
- s. 24B Prohibition as to carrying of notified arms in or through public places in disturbed areas etc
- s. 44 Power to make rules
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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Kaka Singh v. State of Punjab
Court's Decision & Legal Precedent
Judgment of Main Case order-1.pdf 1999-05-05 DATE VERIFIED (sole order on the CNR). Unlicensed single-barrel rifle and live cartridges recovered on patrol in a notified area. Identity of the rifle (serial 68830, markings on the butt) matched FIR and recovery memo. Conviction under Arms Act 25 (and TADA 5) affirmed. Map arms-act 25 only.
On this section: s.25 punishes possession of a firearm without a licence. Recovery of an unlicensed rifle (serial identified in FIR and recovery memo) plus live cartridges in a notified area sustains the conviction (Kaka Singh).
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Pawan Kumar @ Monu Mittal vs State of U. P.
Court's Decision & Legal Precedent
Where a case rests on circumstantial evidence, conviction is justified when all incriminating facts and circumstances are found incompatible with the innocence of the accused or guilt of any other person, and a complete chain of events is established linking the accused to the crime. Confessional statements made to police, while inadmissible under Section 25 of the Indian Evidence Act, may be used as source of information to discover facts under Section 27, and such discoveries based on the doctrine of confirmation by subsequent events can support conviction when combined with other credible evidence. In evaluating concurrent findings of fact by Trial Court and High Court, the Supreme Court will not interfere unless findings are vitiated by grave error of law or lead to serious and substantial miscarriage of justice.
On this section: Unauthorized possession of arms - applied for illegal possession and use of firearms
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Rakesh Anand vs State of up
Court's Decision & Legal Precedent
In criminal cases based on circumstantial evidence, where a complete chain of circumstances is established linking the accused to the commission of the offence, such circumstantial evidence is sufficient to prove guilt beyond reasonable doubt and is as reliable as direct eyewitness evidence. The doctrine of confirmation by subsequent events under Section 27 of the Indian Evidence Act permits evidence of facts discovered as a consequence of information given by the accused, notwithstanding that the information itself may constitute a confession barred under Section 25. Appellate courts should not interfere with concurrent findings of fact recorded by trial courts and confirmed by high courts unless such findings are vitiated by grave error of law, error of procedure, misreading of evidence, or would result in serious and substantial miscarriage of justice.
On this section: Applied for illegal possession and use of firearms in commission of crime.
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Akmal Ahmad vs State of Delhi
Court's Decision & Legal Precedent
The Passports Act, 1967 applies only to departure from India or attempt to depart. Possession of a foreign passport while in India, even if obtained under false identity in the issuing country, does not violate the Passports Act. Further, where unauthorized possession of arms falls within a notified area under TADA, the statutory presumption that such possession is for terrorist or disruptive activities arises upon proof of possession alone. This presumption is rebuttable but operates as a matter of law. Where the accused does not rebut the presumption and no evidence supports rebuttal, conviction under Section 5 of TADA is sustainable even when Section 25 of the Arms Act would also apply, as TADA offence is more aggravated and specifically addresses terrorist-prone areas.
On this section: Offence of unauthorized possession of firearms without licence; applies generally; less serious than Section 5 of TADA; distinguishable from TADA offence as latter applies only in notified areas with statutory presumption
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Mohd Juned Shaikh vs The State of Gujarat State of Gujarat Secreatary
Court's Decision & Legal Precedent
In criminal conspiracy cases involving terrorism under POTA, where the prosecution proves through confessional statements (recorded with all statutory safeguards), eyewitness testimony (corroborated by medical and forensic evidence), circumstantial evidence (including mobile phone records, recovery of weapons, and other incriminating items), and expert opinions (ballistic and forensic), the accused can be convicted beyond reasonable doubt. The High Court's acquittal based on a hypertechnical approach and perverse appreciation of evidence can be reversed by the Supreme Court. Ocular evidence is to be preferred over medical evidence unless the medical evidence completely rules out the possibility of the ocular evidence being true. Confessional statements recorded under Section 32 POTA with all safeguards are admissible and can be relied upon if corroborated by other evidence. A PIL filed with oblique motives and in conjunction with accused persons is misconceived and should be dismissed.
On this section: Section 25(1)(B)(a) deals with illegal possession of firearms. Section 27(1) deals with illegal possession of ammunition. Section 39 deals with sanction for prosecution.
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Mohd. Jalees Ansari vs Central Bureau of Investigation
Court's Decision & Legal Precedent
The requirement of prior approval under Section 20-A(1) of TADA Act is mandatory and absolute in nature, and non-compliance renders subsequent proceedings invalid. However, where such prior approval exists and is contemporaneously documented, confessions recorded under Section 15 of TADA Act are admissible as substantive evidence not only against the confessing accused but also against co-accused, provided that confessions against co-accused are corroborated by independent evidence or consistent statements of other confessing accused. Confessions recorded in connection with different crimes are admissible in cases under trial if such confessions cover the crime in question, regardless of outcome in the original crime. However, if TADA provisions were not validly invoked in the crime in which confession was originally recorded, such confession cannot be relied upon in another crime. Conviction cannot rest solely on confession of a co-accused without independent corroboration.
On this section: Illegal possession of firearms; applied to charges against A4 for possession of illegal firearms and ammunition recovered at time of arrest
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Central Bureau of Investigation vs Rathin Dandapath
Court's Decision & Legal Precedent
When a person is arrested during further investigation after a charge sheet has been filed, the provisions of Section 167 CrPC governing detention in police or judicial custody shall apply to such person as long as further investigation continues, and the expression 'accused if in custody' in Section 309(2) CrPC does not include such persons. Consequently, a Magistrate has authority to grant police remand to the investigating agency for such arrested persons if the agency satisfies the legal requirements under Section 167, and cannot refuse such remand merely on the ground that charge sheet has been filed.
On this section: Offence provisions relating to illegal possession and use of weapons.
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Satyavir Singh vs State of U. P
Court's Decision & Legal Precedent
While a High Court possesses wide power to review evidence in appeals against acquittal and can interfere with the acquittal if it is perverse or wholly unsustainable in law, such interference should only be exercised when the acquittal is founded on surmises, conjectures, and unfounded assumptions unsupported by evidence on record, rather than on genuine doubts arising from the evidence itself. Where two reasonable conclusions can be drawn from evidence, the appellate court should favour the accused. However, if the acquittal judgment proceeds on assumptions of facts not supported on record or adopts an approach contrary to the views a person of common prudence would take when direct evidence has been produced, the appellate court may justify interference. The principles of judicial caution do not permit an appellate court to refuse interference where guilt is proved beyond reasonable doubt by credible eyewitness testimony, medical evidence, and partly admitted facts, merely because a lower appellate court granted acquittal. The determination of intent for Section 307 IPC depends on the knowledge that the act may cause death, not on whether vital organs were targeted or death actually resulted.
On this section: Applied to conviction for carrying a firearm without proper authorization or in violation of licensing conditions
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Dilbagh Singh vs State of Punjab
Court's Decision & Legal Precedent
When an accused is not named in the First Information Report and identification is sought to be established for the first time in court after a long interval, the prosecution must arrange a test identification parade as a matter of procedural safeguard and criminal jurisprudence. Conviction cannot be sustained on the sole basis of courtroom identification without such a parade, especially when the circumstances and logic (such as the first informant being from the same small village) render the identification inherently unreliable. The burden of proof always remains on the prosecution to establish guilt beyond reasonable doubt; it is not the accused's obligation to prove innocence through defence evidence. Circumstantial evidence and motive must be positively established; assertion without material on record is insufficient.
On this section: Illegal possession and use of firearm - charge against the accused for alleged use of the gun taken from the victim's house
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Ranjit Singh @ Jita vs State of Punjab
Court's Decision & Legal Precedent
A confessional statement recorded after merely 20-30 minutes of cooling-off time to an accused held in police custody for 18-20 days cannot be considered a valid and safe basis for conviction. Conviction cannot be maintained solely on testimony of police officials when independent evidence is absent, contradictory, or hostile. The principle from Sarwan Singh case requiring at least 24 hours cooling-off period (and longer if coercion is suspected) must be strictly followed to ensure confessions are genuinely voluntary and free from police influence. The cooling-off period must be a meaningful exercise, not a mechanical formality.
On this section: Punishment for unlawful possession of weapons - accused convicted under this section for carrying weapons without permit or licence
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Asrafkhan Kalandar Khan Pathan vs State of Gujarat
Court's Decision & Legal Precedent
In an appeal against acquittal based on circumstantial evidence, the appellate court must not merely substitute its view for that of the Trial Court. The appellate court must identify a gross error or significant mistake in the Trial Court's reasoning before interfering with an acquittal. Double presumption of innocence applies: the general presumption that every person is innocent unless proved guilty, and the reinforced presumption that arises once the Trial Court has acquitted. When medical and ballistic evidence are consistent with accidental death and no clear motive is established, homicidal death has not been proved beyond reasonable doubt. Statements made by the accused under Section 313 CrPC cannot be treated as evidence against him unless properly put to him during examination.
On this section: Unlicensed possession of firearms. High Court convicted accused nos. 1 and 2 under this section for three years imprisonment and fine of Rs. 5000. Supreme Court did not specifically address this conviction as main focus was on murder charge.
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Pramod Kumar vs State(gnct) of Delhi
Court's Decision & Legal Precedent
Police officer witnesses cannot be automatically discredited solely on the ground that they are official witnesses. Their testimony must be evaluated on the same standards of veracity, credibility, and reliability as any other witness. If, after careful scrutiny of evidence, the court finds police testimony to be reliable and trustworthy, the court can act upon such testimony. The quality and strength of evidence is more important than the quantity of evidence or the source thereof. In the present case, the consistent testimony of multiple police witnesses, combined with ballistic evidence (FSL report on the country-made pistol, test fire results, matching cartridge evidence) and post-mortem findings (gunshot wound characteristics and direction), collectively and conclusively establishes that the accused (appellant) fired the fatal shot from the country-made pistol recovered from his custody, causing the death of Constable Maharaj Singh. The appellant's alternative defense that another police officer (Samar Singh) fired the fatal shot is rejected as lacking credibility and being contradicted by material evidence.
On this section: Unlicensed possession of firearm; separate charges framed for possession of country-made pistol without legal authorization
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Choudhury Parveen Sultana vs State of West Bengal
Court's Decision & Legal Precedent
The protection afforded to public servants under Section 197 Code of Criminal Procedure does not extend to acts constituting criminal misuse or abuse of their official authority. Acts such as threatening, intimidating, and attempting to extort a complainant to withdraw a criminal complaint are not part of an investigating officer's official duties, regardless of whether they occur during the course of an investigation. Therefore, a public servant accused of such criminal misconduct is not entitled to Section 197 CrPC protection, and a Magistrate may take cognizance of offences against such public servant without prior government sanction. Each case must be examined in its own factual circumstances to determine whether the alleged acts constitute performance of official duties or represent misuse and abuse of authority.
On this section: Sections under which the original FIR was registered for illegal use of firearms.
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Bablu Chauhan vs State Of Haryana
Court's Decision & Legal Precedent
The appointing authority has the discretion to deny appointment to a selected candidate if criminal cases are registered after selection and the nature of those cases, combined with the candidate's antecedents, demonstrates unsuitability for the post. Acquittal on technical grounds does not automatically entitle a candidate to appointment if the character assessment reveals serious criminal involvement involving moral turpitude. The law must be applied on the facts of each case individually, and the distinction between honorable acquittal and acquittal on technical grounds is material.
On this section: Cited in FIR No. 190 and 191 along with Section 392 IPC, indicating serious criminal charges involving weapons
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Himanshu Alias Bansi vs State of Haryana
Court's Decision & Legal Precedent
When the investigation is complete, no life-threatening injury is certified by medical experts, and co-accused with similar roles have been granted bail, the applicants are entitled to regular bail on the ground of parity and the conclusion of investigation.
On this section: Cited regarding the alleged use of a pistol butt during the assault.
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Sumit Alias Plotra vs State of Haryana
Court's Decision & Legal Precedent
When adequate security measures including video conferencing facilities are already in place for an undertrial prisoner facing threats to life and liberty, and the prisoner's counsel is satisfied with these arrangements, the writ petition seeking protection and relief from physical court appearances may be disposed of as not pressed, as the fundamental concerns regarding safety and protection have been adequately addressed through existing jail and court procedures.
On this section: Criminal charges related to illegal possession or use of arms
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.
Questions about Section 25
What have the courts held on Section 25 of the Arms Act?
Kaka Singh v. State of Punjab (05 May 1999) is the leading judgment on this section among those set out below: s.25 punishes possession of a firearm without a licence. Recovery of an unlicensed rifle (serial identified in FIR and recovery memo) plus live cartridges in a notified area sustains the conviction (Kaka Singh). Another 15 judgments on this section are set out below, 13 of them from the Supreme Court. They run from 1999 to 2025.
How do I find court cases under Section 25 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 25, section 25 Arms Act, section 25 of the Arms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with Kaka Singh v. State of Punjab (05 May 1999).
What should I read with Section 25 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 12 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 25 of the Arms Act come into force?
Section 25 of the Arms Act, cited as Arms Act 25, 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
- 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
- 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 15 Oct 2026. This page is not a substitute for legal advice.