Prohibition of sale or transfer of firearms not bearing identification marks
Section 8 of the Arms Act, 1959 deals with prohibition of sale or transfer of firearms not bearing identification marks. No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a [firearm or ammunition]. The Act came into force on 01 Oct 1962.
(1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a 1[firearm or ammunition]. firearm.
(2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government.
(3) Whenever any person has in his possession any firearm without such name, number or other identification mark or on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark:
Provided that in relation to a person who has in his possession at the commencement of this Act any firearm without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this sub-section shall not take effect until after the expiration of one year from such commencement
Section 8, 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.
-
Sahazad vs State of Rajasthan through Pp.
Court's Decision & Legal Precedent
When an accused is offered legal aid and refuses it, stating he will engage his own counsel, and subsequently a counsel appears on his behalf and argues the case, with the accused raising no objection and the counsel's representation being evidenced through documents like transfer applications bearing the counsel's signature, the requirement of Section 304 CrPC is satisfied, and the charge framing order cannot be deemed illegal on the ground of denial of legal representation. The formal filing of Vakalatnama is not essential to establish counsel representation in criminal proceedings.
On this section: Charge related to illegal possession or use of arms framed against the accused
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 8
What have the courts held on Section 8 of the Arms Act?
Sahazad vs State of Rajasthan through Pp. (25 Aug 2011) is the leading judgment on this section among those set out below: Charge related to illegal possession or use of arms framed against the accused.
How do I find court cases under Section 8 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 8, section 8 Arms Act, section 8 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 Sahazad vs State of Rajasthan through Pp. (25 Aug 2011).
What should I read with Section 8 of the Arms Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 8 of the Arms Act come into force?
Section 8 of the Arms Act, cited as Arms Act 8, 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.