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THE ARMS ACT, 1878
5
[ * * *]
[* * *]
Any person so going armed without a license or in
contravention of its provisions may be disarmed by any
Magistrate, Police-officer or other person empowered by the
Government in this behalf by name or by virtue of his office.
Unlicensed 14. No person shall have in his possession or under his control
possession of fire- any cannon or fire-arms, or any ammunition or military stores,
arms, etc
except under a license and in the manner and to the extent
permitted thereby.
Possession of arms 7
15. In any place [ * * *] to which the Government may by
of any description
notification in the official Gazette specially extend this section
without license
(4) (a) The Government may make rules consistent with this
Act for carrying into effect the provisions of this section.
CHAPTER V
LICENSES
Power to make 17. The Government may from time to time, by notification in
rules as to licenses the official Gazette, make rules to determine the officers by
whom the form in which, and the terms and conditions on and
subject to which, any license shall be granted; and may by
such rules among other matters-(a) fix the period for which
such license shall continue in force;
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(b) fix a fee payable by stamp or otherwise [ * * *] in
respect of any such license other than a license for possession
granted in any other place;
(c) direct that the holder of any such license other than a
license for possession shall keep a record or account, in such
form as the Government may prescribe, of anything done
under such license, and exhibit such record or account when
called upon by an officer of Government to do so;
(e) direct that any such person shall exhibit the entire stock of
arms, ammunition and military stores in his possession or
under his control to any officer of Government so empowered;
and
(f) require the person holding any license or acting under any
license to produce the same, and to produce or account for the
arms, ammunition or military stores covered by the same when
called upon by an officer of Government so to do.
Restriction on 10
[ 17A.(1) The Government may, if it considers it expedient in
movement with
the public interest so to do, by order, to be notified in the
arms
official Gazette, impose restrictions on the movement of any
person with his licensed arms for such period as may be
specified in the notification.
(c) imports or exports any arms, ammunition or military stores
in contravention of the provisions of section 6;
13;
12
shall be punished with [ imprisonment for life or any other
rigorous imprisonment which shall not be less then seven
years,].
For breaches of 13
[ 19A. Notwithstanding anything contained in section 19,
sections 6, 13, 14
whoever commits an offence under clause (a), (c), (e) or (f) of
and 15 in respect
of certain arms section 19 shall, if the offence is committed in respect of a
14
pistol, revolver, rifle [ shot gun or other fire-arm] be
15
punished with [ imprisonment for life or rigorous
imprisonment for a term which shall not be less than ten
years].]
For secret breaches 20. Whoever does any act mentioned in clause (a), (c), (d) or
of sections 5, 6, 10, (f) of section 19, in such manner as to indicate an intention
14 and 15 that such act may not be known to any public servant as
defined in the 16[ * * *] Penal Code, or to any person
employed upon a railway or to the servant of any public
carrier,
and whoever, on any search being made under section 25
conceals or attempts to conceal any arms, ammunition or
military stores,
shall be punished with imprisonment for a term which may
extend to seven years, or with fine, or with both:
17
respect of a pistol, revolver, rifle or [ shot gun or other fire-
arm], the offender shall be punished with transportation for life
on any shorter term, or with imprisonment for a term which
may extend to fourteen years, or with fine.
Enhanced 18
[ 20A. Notwithstanding anything contained in this Act,
punishment in
19
certain cases whoever goes armed with a pistol, revolver, rifle of [ shot
gun or other fire-arm] in contravention of the provision of
section 13, or has any such fire-arm in his possession or under
his control in contravention of the provisions of section 14 or
section 15, under circumstances indicting that he intended that
such fire-arm should be used for the commission of any
20
offence of murder shall [ * * *] be punished with death, or
with transportation for life or any shorter term or with
imprisonment for a term which may extend to fourteen years,
to which fine may be added.]
For breach of 21. Whoever, in violation of a condition subject to which a
license license has been granted, does or omits to do any act shall,
when the doing or omitting to do such act is not punishable
under section 19 or section 20, be punished with imprisonment
for a term which may extend to six months, or with fine which
may extend to five hundred taka or with both.
For knowingly 22. Whoever knowingly purchases any arms, ammunition or
purchasing arms, military stores from any person not licensed or authorized
etc, from under the proviso to section 5 to sell the same; or
unlicensed person
For delivering
arms, etc, to
person not
authorized to delivers any arms, ammunition or military stores into the
possess them possession of any person without previously ascertaining that
such person is legally authorized to possess the same,
(b) cancel any such notification, and again subject the persons
or things or the part of Bangladesh 22[ * * *] comprised
therein to the operation of such prohibition or direction .
Information to be 28. Every person aware of the commission of any offence
given regarding punishable under this Act shall, in the absence of reasonable
offences excuse, the burden of proving which shall lie upon such
person, give information of the same to the nearest Police-
officer or Magistrate, and
every person employed upon any railway or by any public
carrier shall, in the absence of reasonable excuse, the burden
of proving which shall lie upon such person, give information to
the nearest Police-officer regarding any box, package or bale in
transit which he may have reason to suspect contains arms,
ammunition or military stores in respect of which an offence
against this Act has been or is being committed.
[Omitted] 29. [Omitted by section 7 of the Arms (Amendment) Act, 1980
(Act No. VII of 1980).]
Searches in the 30. Where a search is to be made under the Code of Criminal
case of offences Procedure, in the course of any proceedings instituted in
against section 19, respect of an offence punishable under section 19, clause (f)
clause (f), how
such search shall, notwithstanding anything contained in the
conducted
said Code, be made in the presence of some officer specially
appointed by name or in virtue of his office by the Government
in this behalf, and not otherwise.
Opinion of arms 23
[ 30A. In a trial of an offence punishable under this Act, no
and ammunition
opinion or examination of any expert on arms or ammunition
expert not
necessary shall be necessary to prove whether or not any articles or
things are arms or ammunition unless in the opinion of the
court trying the offence such opinion or examination is
necessary.]
Time limit for 24
[ 30B.(1) Notwithstanding anything contained in the Code of
completion of
investigation
Criminal Procedure, 1898 (Act No. V of 1898) or in any other
law for the time being in force, an investigation of an offence
under this Act shall be completed:
(a) within fifteen working days from the date of arrest of the
accused, where the accused is arrested at the time of
commission of the offence by the police or by any other person
(a) within seven working days from the date of receipt of the
order of transfer, where the accused is arrested at the time of
commission of the offence by the police or by any other person
and handed over to the police; or
(b) within thirty working days from the date of receipt of the
order of transfer in any other case.
7
The words, figures and commas `to which section 32, clause 2, of Act No. XXXI of 1860 applies at the time this Act comes into
force or` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration Act, 1973 (Act No. VIII
of 1973)
8
The words, commas and figure `or before the first day of January, 1920, under any provision of law for the time being in force`
were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
9
The words, letter, figures and commas `in respect of any such license granted in a place to which section 32, clause 2, of Act
No. XXXI of 1960 applies at the time this Act comes into force or` were omitted by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIIII of 1973)
10
Section 17A. was inserted by section 2 of the Arms (Amendment) Act, 1991 (Act No. XVII of 1991)
11
The word `Bangladesh` was substituted, for the words and comma `Pakistan or the Province, as the case may be` by section
3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
12
The words and comma `imprisonment for life or any other rigorous imprisonment which shall not be less than seven years,`
were substituted, for the words and commas `imprisonment for a term which may extend to three years, or with fine or with both`
by section 3 of the Arms (Amendment) Act, 1991 (Act No. XVII of 1991)
13
Section 19A was inserted by section 3 of the Bengal Criminal Law (Amendment) Act, 1934 (Act No. VII of 1934)
14
The words `shot gun or other fire-arm` were substituted, for the words `or shot gun` by section 3 of the Arms (Amendment)
Act, 1980 (Act No. VII of 1980)
15
The words `imprisonment for life or rigorous imprisonment for a term which shall not be less than ten years` were substituted,
for `transportation for life or any shorter term which may extend to fourteen years, or with fine” by section 4 of the Arms
(Amendment) Act, 1991 (Act No. XVII of 1991)
16
The word `Pakistan` was omitted by article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President`s
Order No. 48 of 1972)
17
The words `shot gun or other fire-arm` were substituted, for the words `shot gun` by section 3 of the Arms (Amendment)
Act, 1980 (Act No. VII of 1980)
18
Section 20A was inserted by section 3 of the Bengal Criminal Law (Amendment) Act, 1934 (Act No. VII of 1934)
19
The words `shot gun or other fire-arm` were substituted, for the words `or other fire-arm` by section 3 of the Arms
(Amendment) Act, 1980 (Act No. VII of 1980)
20
The words, commas and figure `if he is tried by Commission were appointed under the Bengal Criminal Law Amendment
Act, 1925,` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973)
21
The word `Bangladesh` was substituted, for the word and comma `Pakistan or of the Province, as the case may be` by section
3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
22
The words `or Province` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
23
Section 30A was inserted by section7 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)
24
Section 30B was inserted by section 2 of the Arms (Amendment) Act, 2002 (Act No. XXX of 2002)