Licence for manufacture, sale, etc., of arms and ammunition
Section 5 of the Arms Act, 1959 deals with licence for manufacture, sale, etc., of arms and ammunition. ] No person shall-- (a) [use, [manufacture, obtain, procure]] sell, transfer, convert, repair, test or prove, or (b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any firearm or any other arms of such class or description as may The Act came into force on 01 Oct 1962.
1[(1)] No person shall--
(a) 2[use, 3[manufacture, obtain, procure]] sell, transfer, convert, repair, test or prove, or
(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof,
any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
4* * * * *
5[(2) Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition:
Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by any person unless--
(a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and
(b) a period of not less than forty-five days has expired after the giving of such information.]
Section 5, 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
Referred to by 6
- s. 13 Grant of licences
- s. 14 Refusal of licences
- s. 25 Punishment for certain offences
- s. 26 Secret contraventions
- s. 27 Punishment for using arms, etc
- s. 29 Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same
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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Santosh Kumar Khaskalam v. State of Madhya Pradesh
Court's Decision & Legal Precedent
Order body dated 21.04.2023: refusal to renew Arms Act s.5 dealership licence based solely on non-statutory State circular fixing minimum sales targets quashed (Malwa Banduk Ghar / Indore Arms Dealers Association); circular not part of Arms Rules 1962; remitted for decision under Act/Rules with hearing.
On this section: s.5 — Licence for manufacture/sale of arms; renewal cannot rest on non-statutory sales circular
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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… opinion, a clear pattern emerges out of the circumstances so proved with inferential and logical links which unmistakably points to the guilt of the appellant for committing murder of the deceased Vikram Shinde, punishable under Section 302 of the IPC and also for committing offences under Section 404 of the IPC and Sections 3 and 5 of the Arms Act,1959 punishable under Sections 25 and 27 of the Arms Act. These proved circumstances considered individually or taken together do not indicate the involvement of anyone else other than the appellant. In the circumstances so proved, the possibility of any other person being responsible for the …
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… As per the conditions of licence, the licensee shall not sell the arms or ammunition covered by the licence elsewhere than at the place of business specified. 14. Section 5 of the Arms Act, 1959 provides that no person shall use, manufacture, obtain, procure, sell, transfer, convert, repair, test or prove or expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any fire arms or any other arms of such class or …
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… at the time of the incidence and the arms and ammunitions used for the commission of the offence, were placed in his possession under the sanction accorded by the Competent Authority. The Appellant being in authorised possession of the weapon, cannot be said to have used an unlicensed weapon, as prohibited under Section 5 of the Arms Act. It appears that the Trial Court was swayed by irrelevant considerations such as illegal use of the weapon, and lost track of the objective of the Statute, which has been enacted to provide a licensing/regulatory regime, to enable law-abiding citizens to carry arms, and also to prohibit the …
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 5
What have the courts held on Section 5 of the Arms Act?
Santosh Kumar Khaskalam v. State of Madhya Pradesh (21 Apr 2023) is the leading judgment on this section among those set out below: s.5 — Licence for manufacture/sale of arms; renewal cannot rest on non-statutory sales circular.
How do I find court cases under Section 5 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 5, section 5 Arms Act, section 5 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 Santosh Kumar Khaskalam v. State of Madhya Pradesh (21 Apr 2023).
What should I read with Section 5 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), so none of them can safely be read on its own. 6 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 5 of the Arms Act come into force?
Section 5 of the Arms Act, cited as Arms Act 5, 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 14 Oct 2026. This page is not a substitute for legal advice.