Arms Act, 1959
24B. Prohibition as to carrying of notified
arms in or through public places in disturbed areas, etc. -
(1) Where the Central Government is satisfied
that there is extensive disturbance in any area and that for the prevention of
offences involving the sue of arms in such area and that for the prevention of
offences involving the use of arms in such area it is necessary or expedient so
to do,
it may, by notification in the Official
Gazette,-
(a) specify the limits
of such area;
(b) direct that during
the period specified in the notification (which period commencing from a date
not earlier than the second day after the date of publication of the
notification in the Official Gazette), no person shall carry or otherwise have
in his possession any arms of such description as may be specified in the
notification (the arms so specified being hereafter in this section referred to
as notified arms) through or in any public place in such area;
(c) authorize any such
officer subordinate to the Central Government or a State Government as may be
specified in the notification,-
( i )
to search at any time during the period specified in the notification any
person in or passing through, or any premises in or forming part of, of any animal
or vessel or vehicle or other conveyance of whatever nature, in or passing
through, or any receptacle or other container of whatever nature in, any public
place in such area if such officer has reason to believe that any notified arms
are secreted by such person or in such premises or on such animal or in such
person or in such premises or on such animal or in such vessel, vehicle or
other conveyance or in such receptacle or other container;
(ii) to seize at any
time during the period specified in the notification any notified arms being
carried by or otherwise in the possession of any person, through a search under
such-clause (I), and detain the same during the period specified in the
notification.
(2) The period specified in a notification
issued under sub-section (1) in respect of any area shall not, in the first
instance, exceed ninety days, but the Central Government may amend such
notification to extend such period from time to time by any period not
exceeding ninety days at any one time if, in the opinion of that Government,
there continues to be in such area such disturbance of public peace and
tranquility as is referred to in sub-section (1) or imminent danger thereof and
that for the prevention of offences involving the use of arms in such area it
is necessary or expedient so to do.
(3) The provisions of the Code of Criminal
Procedure, 1973, (2 of 1974), relating to searches and seizures shall, so far
as may be, apply to any search or seizure made under sub-section (1).
(4) For the purposes of this section,-
(a) "arms"
includes ammunition;
(b) "public
place" means any place intended for use by, or accessible to, the public
or any section of the public ; and
(c) where the period
specified in a notification, as originally issued under sub-section (1), is
extended under sub-section (2), then, in relation to such notification,
reference in sub-section (I) to "the period specified in the
notification" shall be construed as reference to the period as so
extended.]