Section 9 Arms Act: Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.

Section 9 of Arms Act: Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.

Official Bare Act Text

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

(1) Notwithstanding anything in the foregoing provisions of this Act,—

(a) no person,—

(i) who has not completed the age of twenty-one years; or

(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for any term, at any time during a period of five years after the expiration of the sentence; or

(iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) a bond for keeping the peace or for good behaviour, at any time during the term of the bond,

shall acquire, have in his possession or carry any firearm or ammunition; or

(b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe—

(i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition; or

(ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof.

(2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms:

Provided that different age-limits may be prescribed in relation to different types of firearms.

Legal Commentary & Landmark Judgments: Section 9

Section 9 of the Arms Act strictly prohibits the acquisition, possession, sale, or transfer of firearms and ammunition to young persons under twenty-one years of age, convicted offenders, and persons bound over for keeping the peace.

Appointment & Institutional Framework: Section 9 creates personal statutory disqualifications for firearms possession.
Sub-Section (1): Chapter: Under sub-section (1)(a), no person who has not completed the age of twenty-one years, or who has been sentenced on conviction of any offense involving violence or moral turpitude to imprisonment for any term (at any time during five years after expiration of sentence), or who has been ordered to execute a bond under Chapter VIII of the CrPC/BNSS for keeping peace, shall acquire, have.
Sub-Section (1) Provision: Sub-section (1)(b) prohibits any person from selling, transferring, or converting arms for disqualified individuals.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Sanjay Dutt v. State through CBI (1994) 5 SCC 410: The Supreme Court affirmed that statutory prohibitions on firearms possession under the Arms Act are mandatory and designed to prevent weapons from falling into the hands of disqualified or dangerous persons.
Gunwantlal v. State of Madhya Pradesh (1972) 2 SCC 194: The Supreme Court held that the policy of the Arms Act is to maintain strict state control over the possession of lethal weapons to safeguard public peace and prevent violent crime.

Legal Commentary:

Section 9 disqualifications are non-waivable. A firearm license cannot be granted to any person under twenty-one years of age, and any person convicted of a violent offense is barred by law from holding a license for five years following release from custody.

Section 9: Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.

Section 9 of Arms Act: Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.

Legal Commentary & Landmark Judgments: Section 9