Secret contraventions
Section 26 of the Arms Act, 1959 deals with secret contraventions. [26. Secret contraventions.―(1) Whoever does any act in contravention of any of the provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or a The Act came into force on 01 Oct 1962.
1[26. Secret contraventions.―(1) Whoever does any act in contravention of any of the provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and also with fine.
(2) Whoever does any act in contravention of any of the provisions of section 5, 6, 7 or 11 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and also with fine.
(3) Whoever on any search being made under section 22 conceals or attempts to conceal any arms or ammunition, shall be punishable with imprisonment for a term which may extend to ten years and also with fine.]
Section 26, 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. 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. 22 Search and seizure by magistrate
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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Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar
Court's Decision & Legal Precedent
When an accused has been in custody for a substantial period and the primary evidence sought by the investigating agency (looted articles) has not been recovered from the accused's possession, bail should be granted, particularly when the only recovery is of a firearm unrelated to the primary charge of dacoity. The court must balance the right to liberty against the severity of charges and the strength of evidence.
On this section: Illegal possession of ammunition - charge against the petitioner
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Md.chhotu vs State of Bihar
Court's Decision & Legal Precedent
When an accused is caught at the crime scene with incriminating articles in a case involving serious charges such as attempted murder and illegal arms possession, bail should not be granted as the evidence of guilt appears strong and the accused poses a risk to public safety.
On this section: Illegal possession of firearms - charge against petitioner
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Rahul Kumar& ANR. vs The State of Bihar
Court's Decision & Legal Precedent
Recovery of illegal firearms and ammunition from the possession of accused persons constitutes sufficient grounds to reject bail applications, as such recovery demonstrates the serious nature of the charges and the potential danger posed by the accused, notwithstanding claims of false implication.
On this section: Possession of prohibited weapons or ammunition
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Jitendra Nat @ Din Dayal Nat @ Dayal Nat vs The State of Bihar
Court's Decision & Legal Precedent
When an accused is charged with serious offences including dacoity and illegal firearm possession arising from the same occurrence, and has already been granted bail in a related case, the High Court may grant bail in the present case with appropriate sureties and conditions, balancing the principles of individual liberty, presumption of innocence, and public interest, provided that the bail conditions are stringent enough to ensure the accused's appearance in court and compliance with legal obligations.
On this section: Illegal possession of firearm—cited as one of the charges in the present case
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 26
What have the courts held on Section 26 of the Arms Act?
Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar (06 Aug 2019) is the leading judgment on this section among those set out below: Illegal possession of ammunition - charge against the petitioner. Another 3 judgments on this section are set out below. They run from 2010 to 2019.
How do I find court cases under Section 26 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 26, section 26 Arms Act, section 26 of the Arms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar (06 Aug 2019).
What should I read with Section 26 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 5 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 26 of the Arms Act come into force?
Section 26 of the Arms Act, cited as Arms Act 26, 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.