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Section41
The Arms Act, 1959

Power to exempt

In force From 01 Oct 1962 Act 54 of 1959 As on 15 Oct 2026

Act 54 of 1959 Ministry Home Affairs Enacted 23 Dec 1959 In force 01 Oct 1962 Cited by 2 provisions Instruments 8

Section 41 of the Arms Act, 1959 deals with power to exempt. Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-- (a) [exempt any person or class of persons (either genera The Act came into force on 01 Oct 1962.

Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,--

(a) 1[exempt any person or class of persons (either generally or in relation to such description of arms and ammunition as may be specified in the notification)], or exclude any description of arms or ammunition, or withdraw any part of India, from the operation of all or any of the provisions of this Act; and

(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons or the description of arms and ammunition or the part of India to the operation of such provisions.

Section 41, 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 2

  1. s. 24A Prohibition as to possession of notified arms in disturbed areas, etc
  2. s. 43 Power to delegate

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.

  1. High Court 13 Apr 2023 DLHC010349562022

    … a .22 bore rifle or an air rifle from a person or the rifle club or association or from the authority where the third firearm has been deposited for using it for the purpose of target practice or for a competition and for that limited period of its use the possession of the third fire arm becomes legal. 35. Section 41 of the Arms Act deals with the power of the Government to grant exemption to categories of persons from the provisions of Arms Act. Notifications have been issued by the Government permitting sports persons to hold fire arms more than the specified limit. A member of the rifle club or association does not fall under …

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  2. High Court 22 Sep 2021 KAHC010227222021

    … It has been stated that the notification has been issued under Section 41 of the Arms Act and various notifications have been issued under Section 41 of the Arms Act in respect of other persons also and Sikhs have been permitted to carry Kripans and Gurkahs are permitted to carry Khukris and even persons who are not of Indian origin, like Royal family of Bhutan have been granted exemptions by the Union of India. 42. It has been stated that the constitutional …

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  3. High Court 25 Jan 2019 BRHC010004512019

    … Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. > Petitioner is languishing in judicial custody since 19.07.2018 on remand, in connection with Raghunathpur P.S.Case No.213 of 2017 for the offence alleged under Sections 272, 273, 308 of the Indian Penal Code and Sections 30, 38 and 41 of the Arms Act. > The prosecution case as lodged by the police personnel is that on secret information the Scorpio vehicle which was being driven by co-accused Rahul Singh was intercepted and the petitioner was found sitting in the car. On search from the car 120.960 liters of Indian Made Foreign liquor was …

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Made under this section, and citing it

8 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.

All subordinate legislation

Questions about Section 41

What does Section 41 of the Arms Act deal with?

Section 41 of the Arms Act is headed "Power to exempt". Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-- (a) [exempt any person or class of persons (either genera

How do I find court cases under Section 41 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 41, section 41 Arms Act, section 41 of the Arms Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 41 of the Arms Act, and has it changed?

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 8: most recently Notification No. S.O. 3872(E) dated 29.10.2019 (2019), then Notification No. S.O. 665(E) dated 12.02.2019 (2019), and 6 more.

When did Section 41 of the Arms Act come into force?

Section 41 of the Arms Act, cited as Arms Act 41, 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

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.