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Section 12: Power to restrict or prohibit transport of arms

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959
Section 11 All 46 Sections of Arms Act Section 13

Legal Commentary & Landmark Judgments: Section 12

Section 12 empowers the Central Government to restrict or prohibit the transport of arms or ammunition of any class or description across the territory of India, across inter-state boundaries, or within designated regions.

  • Inter-State and Intra-State Transport Restrictions: Central Government may notify regulations restricting the carriage, movement, or consignment of arms and ammunition from one state or district to another.
  • Mandatory Transport Permits: Commercial manufacturers, dealers, and individual licensees moving weapons across state borders must obtain statutory transport licences (Form XII / Form XIII under Arms Rules, 2016).
  • Transit Security and Packaging Mandates: Imposes strict security protocols, including sealed containers, police escorts, and route notifications for bulk movements of arms and ammunition to prevent interception or theft.
Key Landmark Precedents:
  • State of Bihar v. Gyan Chand (1971) 3 SCC 841: The Supreme Court held that transport of arms must be strictly regulated to prevent illicit diversion, but mere commercial consignment under valid documentation does not constitute an offense in the absence of criminal intent.
  • Ram Gopal v. State of U.P., 1980 Cri LJ 1238: The Allahabad High Court held that an individual licensee travelling through another state with an all-India permit or valid transit endorsement cannot be prosecuted under Section 12 transport prohibitions.
Courtroom Practice & Strategic Litigation Guidance:

If a client is intercepted at an inter-state border check-post while transporting licensed arms, scrutinize the territorial validity endorsement of the licence (District, State, or All-India) and verify whether the movement conformed to Rule 98 of the Arms Rules, 2016. If the movement was covered by a valid transport permit, seek discharge under Section 227/239 CrPC (Sec 250/262 BNSS).

Section 11 All 46 Sections of Arms Act Section 13