Gavin Howe
India has some of the strictest gun laws in the world, with approximately five civilian firearms per 100 people, making it the 120th most armed country in the world. The country has recently tightened its firearms regulations, making it even harder for citizens to own a gun. This is in stark contrast to the United States, where an American is 12 times more likely to be killed by a firearm than an Indian. India's strict gun laws are a vestige of British colonial rule, which aimed to disarm its subjects.
| Characteristics | Values |
|---|---|
| Firearm laws | Some of the strictest in the world |
| Gun laws introduced | 1878 by the British Raj |
| Number of civilian firearms per 100 people | 5 |
| Ranking in global firearm possession | 120th |
| Active firearm licenses | 3,369,444 |
| Registered firearms | 9,700,000 |
| Altering firearms | Not allowed |
| Brandishing firearms in public | Prohibited |
| Penalty for violation | Revocation of license, seizure of firearm, and penalty under Arms Act 1959 |
| License issuance | Based on unspecified "good reason" and "public peace or safety" reasons |
| Exemptions | Sportspersons and target shooters |
| Punishment for crime syndicates | Minimum 10 years imprisonment, fines, or life imprisonment |
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What You'll Learn
India has some of the world's strictest gun laws
The Indian government has continued to strengthen firearms regulations, making it increasingly difficult for citizens to own guns. The laws are a response to the illicit trade in small weapons and the need to ensure public peace and safety. The authorities can deny a license for unspecified "public peace or public safety" reasons, and they are not obligated to give a reason for refusal.
The Arms Act 1959 prohibits brandishing, discharging, and blank-firing firearms in public places and firearm-free zones. Violation of this rule can lead to license revocation, seizure of the firearm, and penalties under the Act. The Act also makes it illegal for individuals to alter, remove, or forge identification marks on firearms.
The laws apply to organised crime syndicates, with severe penalties, including a minimum of ten years' imprisonment and a fine. India has a low rate of gun-related deaths compared to countries with more lenient laws, such as the United States. According to an analysis by IndiaSpend, an American is twelve times more likely to be killed by a firearm than an Indian.
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The Indian Arms Act, 1959
India has strict gun laws, and with approximately five civilian firearms per 100 people, it is the 120th most armed country in the world. The Indian Arms Act, 1959, was passed to consolidate and amend laws relating to arms and ammunition to curb violence and illegal weapons. It replaced the Indian Arms Act, 1878, which was enacted during the British Raj to regulate the manufacture, sale, possession, and carrying of firearms.
The Act is divided into six chapters, each covering various aspects of gun ownership and regulations.
Chapter I: Preliminary
This chapter lays out the introductory information and scope of the Act.
Chapter II: Acquisition, Possession, Manufacture, Sale, Import, Export, and Transport of Arms and Ammunition
This chapter outlines the rules and regulations surrounding the acquisition, possession, manufacture, sale, import, export, and transport of firearms and ammunition. It includes provisions for both prohibited and non-prohibited bore categories. Common firearms provided under this Act include double-barrelled shotguns, bolt-action rifles, revolvers, pistols, and shotguns.
Chapter III: Provisions Relating to Licences
Here, the Act details the process of procuring a license, including rules around granting, refusing, and fees. A license can be issued to anyone with a good reason, without stipulating what constitutes a good reason. However, applicants for self-defence purposes must prove a danger to their life. Authorities can deny a license for "public peace or public safety" reasons without specifying the reason for refusal.
Chapter IV: Powers and Procedure
This chapter outlines the powers granted to government officials to enforce the Act.
Chapter V: Offences and Penalties
This chapter explains the punishments for violating the Act, including imprisonment of at least ten years or life imprisonment and fines for those involved in organised crime syndicates. Brandishing, discharging, and blank-firing firearms in public places or firearm-free zones can lead to license revocation and seizure of the firearm.
Chapter VI: Miscellaneous
This chapter covers any additional provisions or information not included in the previous chapters.
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Gun laws in India have been tightened further
India already had some of the world's strictest gun laws, but in 2016 these were tightened further. An ambitious restructuring of firearms rules was introduced to try and stamp out the illicit trade in small weapons. The country now has around five civilian firearms per 100 people, making it the 120th most armed country in the world.
The new rules have been criticised by the National Association for Gun Rights India, who argue that the government is saying it cannot trust its citizens. However, IndiaSpend analysis shows that an American is 12 times more likely to be killed by a firearm than an Indian. Activists are keen that India does not go the same way as the US, with its lenient gun laws.
The Indian Arms Act of 1959, which regulated the manufacture, sale, possession and carrying of firearms, was amended to allow sports people to carry up to 12 firearms for shooting practice. Junior or aspiring shooters can possess two weapons. All citizens carrying a license are allowed to carry up to two firearms.
The law states that a license can be issued to anyone who has a good reason, without stipulating what constitutes a 'good reason'. Those wanting a license for self-defense purposes need to prove they are in danger. Authorities can deny a license for unspecified 'public peace or public safety' reasons and are not obliged to give a reason for refusal.
Other strict gun laws in India include the prohibition of brandishing, discharging, and blank-firing of firearms in public places and firearm-free zones. Violation can lead to revocation of the license and seizure of the firearm, as well as penalties under the Arms Act 1959. It is also illegal to alter, remove or forge identification marks on firearms.
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Firearm licenses and penalties
India is the 120th most armed country in the world, with approximately five civilian firearms per 100 people. Indian law allows firearm possession on a may-issue basis. The process for obtaining a firearm license in India is stringent, and the authorities can deny a license for unspecified "public peace or public safety" reasons without stating the reason for rejection. Firearm licenses must be renewed every five years.
The history of firearm legislation in India dates back to the Indian Rebellion of 1857, after which the British Raj enacted the Indian Arms Act of 1878. This Act regulated the manufacture, sale, possession, and carrying of firearms in British-ruled India, with certain ethnic exemptions. In 1959, post-independence, the Indian Arms Act of 1959 was passed, which has been amended multiple times since. The Arms Act, 1959, divides firearm licenses into two types: Prohibited Bore (PB) and Non-Prohibited Bore (NPB). PB includes fully automatic and semi-automatic firearms and can only be issued by the central government to certain groups. NPB includes other types of firearms and can be issued by central and state governments to ordinary citizens.
In recent years, the Indian government has made efforts to further regulate firearms. In 2016, the Ministry of Home Affairs instructed all State Governments to oversee all types of firearms and enforce Standard Operating Procedures (SOPs) to ensure a clear divide between 'license required' and 'license not required' firearms. Additionally, the Arms Act has been amended to allow sportspersons and junior shooters to possess and carry a limited number of firearms for practice.
Violating India's firearm laws can result in severe penalties. Brandishing, discharging, or blank-firing firearms in public or firearm-free zones can lead to license revocation, firearm seizure, and penalties under the Arms Act 1959. Individuals involved in organised crime syndicates who violate the Arms Act may face imprisonment of at least ten years, extending up to life imprisonment, and fines. Other prohibited actions include altering, removing, or forging identification marks on firearms.
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Gun control in India before the Rebellion of 1857
India currently has strict gun control laws, but before the Rebellion of 1857, also known as the Sepoy Mutiny or the First War of Independence, there were few to no gun control laws in the country. People could carry weapons of any calibre without prior permission. However, after the rebellion, the British enacted the Indian Arms Act of 1878, which imposed strict gun control measures.
During the Indian Rebellion of 1857, a major uprising against British rule occurred, posing a significant threat to British power in the region. The rebellion began on May 10, 1857, with a mutiny of sepoys in the garrison town of Meerut and quickly spread throughout the upper Gangetic plain and central India. The civilian rebellion was unevenly distributed geographically, even in areas no longer under British control. The rebellion was fuelled by various factors, including increased taxation on land, religious tensions, and resistance to the rule of the British East India Company.
In the aftermath of the rebellion, the British worked to prevent similar events from occurring. They restructured the administration and the colonial British Indian Army, improved communications and transportation, and systematically disarmed the Indian masses. The Indian Arms Act of 1878 was a pivotal moment in gun control legislation in India. The Act regulated the manufacture, sale, possession, and carrying of firearms. It mandated licensing for Indians wishing to own firearms, with exceptions made for Europeans, Anglo-Indians, and the Kodava people. Mahatma Gandhi criticised this Act, stating that history would view it as one of the "many misdeeds of the British rule in India."
The Indian Arms Act, 1878, had a lasting impact on gun control in India. Even after India gained independence in 1947, it took 12 years for the Act to be repealed and replaced by the Arms Act, 1959. The strict licensing policies enacted during colonial rule have contributed to a thriving illicit gun trade in India, with most violent crimes involving firearms committed using illegal weapons.
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Frequently asked questions
India has some of the strictest gun laws in the world.
The Indian Arms Act, 1959 regulates the manufacture, sale, possession and carrying of firearms in India. It replaced the Arms Act of 1878, which was passed by the British Raj following the Indian Rebellion of 1857.
The Act provides for a may-issue basis for firearm possession, with approximately five civilian firearms per 100 people. It also stipulates that brandishing, discharging and blank-firing firearms in public places and firearm-free zones are strictly prohibited.
The law states that a license can be issued to anyone who has a good reason, without stipulating what constitutes a good reason. Applicants wanting a license for self-defense purposes typically need to prove they are in danger. Sportspersons and junior shooters are also allowed to carry a limited number of firearms.
Violation of the Act can result in revocation of the license and seizure of the firearm, and penalties under the Arms Act 1959. Persons belonging to organized crime syndicates may face imprisonment of at least ten years up to life imprisonment and a fine.
