Section 45: Act not to apply in certain cases

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959

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.

  • Statutory Exclusions and Carve-Outs: Section 45(a) excludes arms or ammunition on board any sea-going vessel or aircraft forming part of its ordinary equipment; Section 45(b) excludes packages in transit under post or railway custody.
  • Armed Forces and Government Property: Section 45(c) exempts arms and ammunition belonging to the Central Government and possessed by armed forces, police forces, or NCC personnel in their official capacity.
  • Curios, Antiques, and Slaughter Appliances: Section 45(d) exempts antique weapons of artistic, historical, or cultural interest (manufactured prior to notified historical cutoff dates) not intended for functional use, as well as appliances for slaughtering animals or industrial tool-fixing.
Key Landmark Precedents:
  • State of Punjab v. Jagir Singh (1974) 3 SCC 277: The Supreme Court held that statutory exceptions and exclusions in penal statutes must be given full effect to prevent unjust harassment of individuals possessing articles not intended for lethal use.
  • Nand Kishore v. State of Rajasthan, 1994 Cri LJ 2378: The Rajasthan High Court held that where a seized weapon is an unserviceable antique or family heirloom devoid of firing capability, the statutory exclusion under Section 45 applies, vitiating prosecution under Section 25.
Courtroom Practice & Strategic Litigation Guidance:

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).