(1) Every person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information of the same to the officer in charge of the nearest police station or the magistrate having jurisdiction.
(2) Every person employed or working upon any railway, aircraft, vessel, vehicle or other means of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information to the officer in charge of the nearest police station regarding any box, package or bale in transit which he may have reason to suspect contains arms or ammunition in respect of which an offence under this Act has been or is being committed.
Legal Commentary & Landmark Judgments: Section 36
Section 36 creates a mandatory legal obligation upon every person aware of the commission of or intention to commit any offense under the Arms Act to give information forthwith to the nearest police station or magistrate.
When a client is roped in under Section 36 for failing to report a relative's illicit weapon cache, establish the defense of 'reasonable excuse': present evidence of physical intimidation, domestic violence, or threats of violence made by the armed perpetrator, which legally excuses the failure to inform the police.