Section 25 Arms Act
Definition
The principal possession offence under the Arms Act 1959: acquiring, possessing, or carrying a firearm or ammunition without a licence. Maximum sentence three years for NPB weapons; up to seven years for PB weapons or aggravated circumstances.
- Statute
- Arms Act 1959, s.25
- Offence
- Unlicensed acquisition, possession or carrying
- Max sentence, NPB
- Three years
- Max sentence, PB
- Up to seven years, aggravated cases
Common questions
What distinguishes the sentencing tiers under Section 25 Arms Act?+
The maximum penalty depends on whether the weapon is a prohibited-bore (PB) firearm, drawing the higher penalty range, versus a non-prohibited-bore (NPB) weapon, which carries the lower three-year maximum, alongside aggravating circumstances that can raise the sentence.
How does Section 25 differ from Section 27 of the Arms Act?+
Section 25 criminalizes mere unlicensed possession or acquisition of a firearm, while Section 27 addresses actually using a firearm for an unlawful purpose, which carries a much harsher mandatory minimum sentence.
What must the prosecution establish for a Section 25 conviction?+
That the accused acquired, possessed, or carried a firearm or ammunition, that no valid licence covered that weapon, and typically that recovery and seizure were properly documented to link the weapon to the accused.
Related terms
- Arms Rules 2016
- The subordinate legislation notified under the Arms Act 1959, replacing the Arms Rules 1962. Introduced a maximum of two firearms and 100...
- BNS 2023 § 117
- Section 117 of the Bharatiya Nyaya Sanhita 2023, covering rash and negligent acts that endanger life or personal safety. Section 117(2) applies...
- BNS 2023 § 304
- Section 304 of the Bharatiya Nyaya Sanhita 2023, covering culpable homicide not amounting to murder. Part I (intention to cause death or...
- National Database of Arms Licences (NDAL)
- The centralised digital registry of civilian arms licences introduced by the Arms Rules 2016, maintained by the Ministry of Home Affairs. Enables...
- Non-Prohibited Bore (NPB)
- The category under the Arms Act 1959 covering firearms that a civilian may hold under a district-level licence. Common Indian NPB weapons...
- Prohibited Bore (PB)
- The category under the Arms Act 1959 covering firearms of bore exceeding .46 inch, weapons capable of automatic fire, and other items...
- Section 27 Arms Act
- The use offence under the Arms Act 1959: using a firearm for an unlawful purpose. Minimum sentence seven years' imprisonment, extendable to...