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India. 2020 ‘International Transfers.’ National Report of India on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Section 3, pp. 7-11. New York, NY: Permanent Mission of India to the United Nations. 1 January

Relevant contents

Laws, regulations and administrative procedures
3.1. Does your country have laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW?

3.1.1. List laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW.

SALW in India are regulated under the Arms Act (1959) and Arms Rules (2016), amended from time to time with the most recent amendment being the Arms (Amendment) Act 2019. These legislation and various executive instructions from central government have evolved into a sound mechanism for effective control and regulation of SALW in India. The Arms Act (1959), Arms Rules (2016) and Arms (Amendment) 2019 cover all aspects of lawful possession, manufacture, sale, transfer, transport, export, import of arms and ammunition and has penal provisions.

They are central government legislation and state governments have a specified role in their implementation. The provisions seek to classify firearms and other prohibitive weapons so as to ensure that (i) dangerous weapons of military patterns are not available to civilians and are in particular denied to criminals and that (ii) weapons of defense can be possessed by citizens only on the basis of valid licence.

As per entry 5 of List l of the Seventh Schedule to the Constitution of India, the central government has the exclusive jurisdiction on matters relating to arms, firearms, ammunition and explosives. The Ministry of Home Affairs of the Indian Government administers the Arms Act and has taken comprehensive measures to arrest the proliferation and trafficking in small arms and light weapons. Whoever is involved in or aids in illicit trafficking of firearms and ammunition is in contravention of Section 3,5,6,7 and 11 shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
India joined the Wasseaar Arrangement in December 2017 and its import and export licensing regime is fully harmonized with the Wassenaar Arrangement.

[SALW = Small Arms and Light Weapons]

ID: Q14391

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