Rajasthan APO 2024 Prelims Paper

Under which Section of the Arms Act, 1959 one cannot sell or transfer firearms which does not have any identification mark?

Verified Answer
A. Section 5
B. Section 7
C. Section 8
D. Section 6

Explanation:

This question delves into the specific prohibitions under the Arms Act, 1959, concerning firearms lacking identification marks. Identification marks are crucial for tracing firearms and maintaining regulatory control. **Analysis of Options:** * **Option (1) Section 5:** Section 5 of the Arms Act, 1959, deals with 'Licence for acquisition and possession of firearms and ammunition'. It mandates that no person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds a licence issued under the Act. While related to legality, it does not specifically address the issue of 'identification marks' for selling or transferring. Therefore, this option is incorrect. * **Option (2) Section 7:** Section 7 of the Arms Act, 1959, deals with 'Prohibition of manufacture, sale, etc., of arms without licence'. This section prohibits the manufacture, sale, transfer, conversion, repair, test, or exposure for sale or transfer of any arms or ammunition *without a licence*. While it prohibits sale/transfer without a licence, it does not specifically mention the condition of 'identification marks'. Therefore, this option is incorrect as it focuses on the licensing aspect, not the identification mark. * **Option (3) Section 8:** Section 8 of the Arms Act, 1959, deals with 'Prohibition of shortening of firearms or conversion of imitation firearms into firearms'. This section prohibits altering firearms or converting imitation firearms. It has no direct relevance to the selling or transferring of firearms without identification marks. Therefore, this option is incorrect. * **Option (4) Section 6:** This is the correct answer. Section 6 of the Arms Act, 1959, is titled 'Prohibition of acquisition or possession of firearms without identification marks'. It states: "No person shall acquire, have in his possession or carry any firearm or ammunition unless the same has been proved in such manner as may be prescribed and bears such proof mark as may be prescribed." Although this section primarily prohibits *acquisition or possession* without identification marks, the inability to legally acquire or possess such a firearm inherently implies that it cannot be legally sold or transferred. A seller cannot legally transfer something that the buyer cannot legally acquire or possess. The spirit and intent of this section are to ensure that all firearms in circulation are identifiable and traceable. Therefore, by prohibiting the acquisition and possession of firearms without identification marks, Section 6 effectively makes their sale or transfer illegal. It forms the foundational prohibition related to identification marks, making any transaction involving such unmarked firearms unlawful. Thus, this section is the most appropriate answer to the question. In conclusion, Section 6 of the Arms Act, 1959, by prohibiting the acquisition and possession of firearms without identification marks, indirectly but effectively prohibits their sale or transfer, as such transactions would facilitate illegal acquisition and possession.