Home  /  Arms Act  /  Section 46

Section 46: Repeal of Act 11 of 1878

Arms Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959
Section 45 All 46 Sections of Arms Act

Legal Commentary & Landmark Judgments: Section 46

Section 46 repeals the colonial-era Indian Arms Act, 1878 (Act 11 of 1878) and establishes comprehensive savings for antecedent licences, notifications, rules, and appointments, ensuring uninterrupted continuity in arms regulation.

  • Express Repeal of Colonial Enactment: Section 46(1) formally repeals the Indian Arms Act, 1878 (11 of 1878), replacing its discriminatory colonial provisions with a modern, constitutional framework.
  • Statutory Savings Clause: Section 46(2) provides that licences, appointments, notifications, orders, or rules made under the repealed 1878 Act shall continue in force so far as they are not inconsistent with the 1959 Act until superseded.
  • Application of General Clauses Act: Interlocks with Section 6 of the General Clauses Act, 1897 to preserve accrued rights, pending legal proceedings, and liabilities incurred prior to the commencement of the 1959 Act.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh, AIR 1955 SC 84: The Supreme Court established that when an enactment is repealed and re-enacted with savings, provisions of the new Act must be read harmoniously with Section 6 of the General Clauses Act to preserve continuity.
  • M.S. Shivananda v. Karnataka State Road Transport Corporation (1980) 1 SCC 149: The Supreme Court held that a saving clause protects vested and accrued statutory rights unless the new enactment expresses an unequivocal contrary legislative intention.
Courtroom Practice & Strategic Litigation Guidance:

If dealing with vintage licences granted prior to 1962 (e.g., perpetual family licences or colonial grants), invoke Section 46(2) read with Section 6 of the General Clauses Act to establish their continuing legal validity until explicitly varied or revoked by a competent licensing authority under Section 17.

Section 45 All 46 Sections of Arms Act