Section 7 Arms Act: Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition

Section 7 of Arms Act: Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

No person shall

(a) acquire, have in his possession or carry; or

(b) use, manufacture, sell, transfer, convert, repair, test or prove; or

(c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof,

any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.

Legal Commentary & Landmark Judgments: Section 7

Section 7 of the Arms Act strictly prohibits the acquisition, possession, manufacture, or sale of 'prohibited arms' or 'prohibited ammunition' without specific authorization from the Central Government.

Core Legal Standard: Section 7 creates a total legal embargo against the possession, manufacture, sale, or carriage of military-grade, fully automatic, or lethal weapons designated as 'prohibited arms' (such as automatic assault rifles, machine guns, or cannons) and 'prohibited ammunition' (such as armor-piercing or explosive ammunition).
Statutory Powers & Jurisdiction: Unlike ordinary non-prohibited arms where district magistrates hold licensing powers, prohibited arms fall exclusively within the domain of the Central Government.

Contravention of Section 7 carries life-term imprisonment under Section 25(1)(a).

Key Landmark Precedents:

Sanjay Dutt v. State through CBI (1994) 5 SCC 410: The Constitution Bench affirmed that unauthorized possession of automatic rifles (such as AK-56 rifles) falls squarely under Section 7 and attracts severe statutory penalties, distinguishing ordinary unlicensed arms from weapons capable of mass destruction.
Mohd. Aslam v. State of Rajasthan (2008) 9 SCC 227: The Supreme Court confirmed that prohibited ammunition recovered without Central Government authorization warrants enhanced penal sentences under Section 25(1)(a) read with Section 7.

Legal Commentary:

Section 7 serves as the primary statutory line of defense against organized crime, insurgency, and terrorism. The law treats prohibited weapons with zero-tolerance strict liability: ordinary citizens cannot obtain a civilian licence for prohibited category weapons under any circumstances.

Section 7: Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition

Section 7 of Arms Act: Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition

Legal Commentary & Landmark Judgments: Section 7