REGISTERED No. D-(DN).127/83 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 35] NEW DELHI. FRIDAY, MAY 27, 1988/JYAlSTHA 6, 1910 (SAKA) Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 27th May, 1988\Jyaistha 6, 1910 (Saka) THE ARMS (AMENDMENT) ORDINANCE, 1988 No. 5 OF 1988 Promulgated by the President in the Thirty-ninth Year of the Republic of India. An Ordinance further to amend the arms Act, 1959. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-—
1. (1) This Ordinance may be called the Arms (Amendment) Ordinance,
1988.
(2) It shall come into force at once.
(1) Short title and commencement. 2 TVHE GAZETTE OF INDIA EXTRAORDINARY [PAST II— Amendment oJ! section Amendment of section
5. Amendment of section
7. Amendment of section
25. Substitution of new section for section
27. Punish, ment for using armSj etc.
2. In section 2 of the Arms Act, 1959 (hereinafter referred to as the principal Act), in sub-section (1),—
(i) in clause (b), in sub-clause (i), for the words "and other like missiles", the words "and other missiles" shall be substituted;
(ii) in clause (h), after the word "shells,", the word "missiles," shall be inserted.
3. In sub-section (1) of section 5 of the principal Act, in clause (a), for the word "manufacture", the words "use, manufacture" shall be substituted.
4. In section 7 of the principal Act, in clause (b), for the word "manufacture", the words "use, manufacture" shall be substituted. s. In section 25 of the principal Act,—
(a) in subsection (1), clause (c) shall be omitted;
(b) sutHsection 0-A) shall be re-numbered as sub-section (1AAA) thereof, and before subjection (1AAA) as so re-numbered, the following sub-sections shall be inserted, namely: — "(1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine. (1AA") Whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine".
6. For section 27 of the principal Act, the following section shall be substituted, namely: — "27. (1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine. 54 of 1959. SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death.". R. VENKATABAMAN, President. S. RAMAIAH, Secy, to the Govt. of India. PRINTED BY THK MANAGER, GOVERNMENT OP INDIA PRESS, MDTTO HOAD, NEW DELHI AND PUBLISHED BY THB CONTROLLHR OF PUBLICATIONS, DELHI, 1 0 8 8