Arms Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959
Section 42 of Arms Act: Power to take census of firearms
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.
(2) On the issue of any such notification all persons having in their possession any firearms in that area shall furnish to the officer concerned such information as he may require in
relation thereto and shall produce before him such firearms if he so requires.
Legal Commentary & Landmark Judgments: Section 42
Section 42 empowers the Central Government to direct the conduct of a census of firearms in any specified area and compel all persons possessing firearms to furnish statutory returns and information.
Mandatory Firearms Census Authority: Authorizes the Central Government to order a comprehensive count, verification, and audit of all licensed and civilian firearms in any district, state, or nation-wide.
Compulsory Disclosure and Returns: Imposes a statutory legal duty on all gunsmiths, dealers, and individual licensees within the census area to furnish accurate returns, serial numbers, and ammunition stocks.
Digital Integration with NDAL-ALIS: Modern execution is realized through the National Database of Arms Licences - Arms Licence Information System (NDAL-ALIS), where all licensed firearms are electronically mapped to unique identification numbers (UIN).
Key Landmark Precedents:
Ram Krishna Dalmia v. Justice S.R. Tendolkar, AIR 1958 SC 538: A Constitution Bench held that statutory census and inquiry powers are essential instruments of sovereign governance to collect information for maintaining public safety.
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534: The Supreme Court affirmed that regulatory tracking and census mechanisms under regulatory statutes ensure public accountability and crime control.
Courtroom Practice & Strategic Litigation Guidance:
When representing a client who failed to submit census verification returns or did not update their firearm details on the NDAL portal within the notified cutoff, argue that such administrative omission is at most a minor regulatory irregularity under Section 30 and does not invalidate the underlying licence or render possession felonious under Section 25.
Legal Commentary & Landmark Judgments: Section 42
Section 42 empowers the Central Government to direct the conduct of a census of firearms in any specified area and compel all persons possessing firearms to furnish statutory returns and information.
When representing a client who failed to submit census verification returns or did not update their firearm details on the NDAL portal within the notified cutoff, argue that such administrative omission is at most a minor regulatory irregularity under Section 30 and does not invalidate the underlying licence or render possession felonious under Section 25.