Section 13 Arms Act: Grant of licences

Section 13 of Arms Act: Grant of licences

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2-A) The licensing authority, after such inquiry, if any, as it may, consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.

(3) The licensing authority shall grant

(a) a licence under section 3 where the licence is required

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle a loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or

(ii) in respect of a firearm to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;

(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

Legal Commentary & Landmark Judgments: Section 13

Section 13 governs the statutory procedure for the grant of arms licences, establishing mandatory police verification, quasi-judicial inquiry by the licensing authority, time-bound decision-making, and statutory limits on permissible firearm quotas.

Mandatory Police Inquiry and Time Limits: Section 13(2) mandates that the licensing authority call for an inquiry report from the officer-in-charge of the nearest police station, who must submit it within the prescribed period (ordinarily 30-60 days under Arms Rules, 2016).
Quasi-Judicial Discretion and Proviso to 13(2A): If the police report is not received within the prescribed time, Section 13(2A) permits the licensing authority to proceed and make an order granting or refusing the licence after holding its own summary inquiry.
Two-Firearm Ceiling Post-2019: Following the Arms (Amendment) Act, 2019, Section 13(3) strictly limits individual licensees to acquiring and possessing a maximum of two firearms (reduced from three), with mandatory integration into the National Database of Arms Licences (NDAL) and issuance of a Unique Identification Number (UIN).

Key Landmark Precedents:

Kailash Nath v. State of U.P., AIR 1985 All 291 (FB): A Full Bench held that the licensing authority functions as a quasi-judicial body when considering an application under Section 13 and cannot act arbitrarily or on extraneous political considerations.
Rana Pratap Singh v. State of U.P., 1995 All LJ 1301 (FB): A Full Bench overruled earlier decisions to hold that there is no fundamental right to possess arms under Article 21, but an applicant possesses a legitimate statutory right to fair, unbiased consideration under Section 13.

Courtroom Practice & Strategic Litigation Guidance:

Where a District Magistrate fails to decide an arms licence application for months on the pretext of an awaited police report, file a Writ Petition under Article 226 seeking Mandamus. Cite Section 13(2A) and Rule 13 of Arms Rules, 2016 to compel the authority to pass a reasoned order within 30 days without indefinitely waiting for police reports.

Section 13: Grant of licences

Section 13 of Arms Act: Grant of licences

Legal Commentary & Landmark Judgments: Section 13