Section 21 Arms Act: Deposit of arms, etc., on possession ceasing to be lawful

Section 21 of Arms Act: Deposit of arms, etc., on possession ceasing to be lawful

Official Bare Act Text

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

(1) Any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under section 4 or by any reason whatever, ceased to be lawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police station or subject to such conditions as may be prescribed, with a licensed dealer or where such person is a member

of the armed forces of the Union, in a unit armoury.

Explanation.: In this sub-section unit armoury includes an armoury in a ship or establishment of the Indian Navy.

(2) Where arms or ammunition have or has been deposited under sub-section (1), the depositor or in the case of his death, his legal representative, shall, at any time before the expiry of such period as may be prescribed, be entitled

(a) to receive back anything so deposited on his becoming entitled by virtue of this Act or any other law for the time being in force to have the same in his possession, or

(b) to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any person entitled by virtue of this Act or any other law for the time being in force to have, or not prohibited by this Act or such other law from having, the same in his possession and to receive the proceeds of any such disposal:

Provided that nothing in this sub-section shall be deemed to authorise the return or disposal of anything of which confiscation has been directed under section 32.

(3) All things deposited and not received back or disposed of under sub-section (2) within the period therein referred to shall be forfeited to Government by order of the district magistrate:

Provided that in the case of suspension of a licence no such forfeiture shall be ordered in respect of a thing covered by the licence during the period of suspension.

(4) Before making an order under sub-section (3) the district magistrate shall, by notice in writing to be served upon the depositor or in the case of his death, upon his legal representative, in the prescribed manner, require him to show cause within thirty days from the service of the notice why the things specified in the notice should not be forfeited.

(5) After considering the cause, if any, shown by the depositor or, as the case may be, his legal representative, the district magistrate shall pass such order as he thinks fit.

(6) The Government may at any time return to the depositor or his legal representative things forfeited to it or the proceeds of disposal thereof wholly or in part.

Legal Commentary & Landmark Judgments: Section 21

Section 21 mandates the deposit of arms and ammunition at the nearest police station or with a licensed dealer upon expiry, suspension, or revocation of a licence, granting the owner a statutory right to sell or transfer deposited weapons within a specified period.

Mandatory Obligation to Deposit: Any person having possession of arms or ammunition who ceases to be lawfully entitled to possess them (by licence expiry, cancellation, suspension, or Section 4 notification) must deposit them forthwith at the nearest police station or with an authorized dealer.
Statutory Right to Sell or Transfer: Section 21(2) confers upon the depositor a statutory right to sell, transfer, or retrieve the arms within one year (or prescribed extended period) to any person holding a valid licence.
Forfeiture to Government After Notice: Section 21(3) provides that arms not retrieved or sold within the prescribed period may be forfeited to the Central Government, but only after serving written notice on the owner and giving a reasonable opportunity of showing cause.

Key Landmark Precedents:

State of U.P. v. Jaswant Singh Sarna (1968) 2 SCR 408: The Supreme Court held that Section 21 provides a complete statutory mechanism for regularizing weapon custody; when an application for renewal is pending, failure to deposit immediately does not automatically make possession felonious under Section 25.
Mohd. Arif v. State of U.P., 2008 (6) ADJ 611: The Allahabad High Court quashed a government forfeiture order, ruling that Section 21(3) requires mandatory notice and opportunity of hearing; summary confiscation of deposited firearms violates statutory due process.

Courtroom Practice & Strategic Litigation Guidance:

The Section 21 deposit receipt is an impenetrable defense against any subsequent Section 25 charge. During election periods when District Magistrates issue blanket deposit orders, advise clients to deposit weapons and preserve the stamped receipt; challenge blanket pre-election deposit circulars if issued without individualized threat assessments (Mohd. Arif doctrine).

Section 21: Deposit of arms, etc., on possession ceasing to be lawful

Section 21 of Arms Act: Deposit of arms, etc., on possession ceasing to be lawful

Legal Commentary & Landmark Judgments: Section 21