Nothing in this Act shall apply to
(a) arms or ammunition on board any sea-going vessel or any aircraft and forming part of the ordinary armament or equipment of such vessel or aircraft;
(b) the acquisition, possession or carrying, the manufacture, repair, conversion, test or proof, the sale or transfer or the import, export or transport of arms or ammunition
(i) by or under orders of the Central Government, or
(ii) by a public servant in the course of his duty as such public servant, or
(iii) by a member of the National Cadet Corps raised and maintained under the National Cadet Corps Act, 1948 (31 of 1948), or by any officer, or enrolled person of the Territorial Army raised and maintained under the Territorial Army Act, 1948 (56 of 1948) or by any member of any other forces raised and maintained or that may hereafter be raised and maintained under any Central Act, or by any member of such other forces as the Central Government may, by notification in the Official Gazette, specify, in the course of his duty as such member, officer or enrolled person;
(c) any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a firearm either with or without repair;
(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used alongwith complementary parts acquired or possessed by that or any other person.
Legal Commentary & Landmark Judgments: Section 45
Section 45 enacts statutory exclusions from the operation of the Arms Act, 1959, providing that the Act shall not apply to arms on sea-going vessels, postal/railway packages, arms belonging to the Government for the armed forces, or antique curiosities.
When defending an accused prosecuted for possessing a vintage matchlock, muzzle-loader, or ornamental sword, invoke Section 45(d). Commission an independent antiquarian or forensic ballistic analysis to prove the weapon is an antique curiosity or unserviceable wall-hanging lacking functional firing mechanisms, and move for immediate discharge under Section 227/239 CrPC (Sec 250/262 BNSS).