or liable to be dis- for his own private use, in any district or place not ordered or liable to be disarmed under Section XXXII of this Act. anned under Sec- Persons conveying arms, ammunition, XXV. If any person shall be found carrying or convey&c. under anspi- ing any arms, military stores, percussion caps, sulphur, cious circumstan- gunpowder, or other ammunition, in such a manner or ces, may be apprehended without under such circumstances as to afford just grounds of sus warrant. picion that the same are being carried by such person with intent to use the same, or that the same may be used for any unlawful purpose dangerous to the public peace, it shall be lawful for any magistrate, deputy magistrate, or assistant to a magistrate, or police officer, or for any other person, to apprehend without warrant the person so carrying or conveying such arms, military stores, percussion caps, sulphur, gunpowder, or other ammunition, and to detain such person in custody in order that he may be dealt with according to Procedure if appre- law. If any person be apprehended by a person not being than magistrates, a magistrate, deputy magistrate, or assistant to a magistrate, hended by other &c, Penalty for going arned or carrying 31ms without licence. Exemption. Commissioned, Non a or police officer, he shall be delivered over as soon as possible ⚫ to a police officer; and all persons apprehended by or delivered to a police officer under the provisions of this section, shall be carried before a magistrate or other officer competent by law to punish him for the offence or to commit him for trial, XXVI. If any person shall go armed with or carry any arms of the description mentioned in Section VI of this Act without having obtained a licence from a magistrate or other officer authorized by the Governor General of India in Council or the local Government authorizing him to carry arms, he shall be liable to be disarmed by any magistrate, joint magistrate, or deputy magistrate, or assistant to a magistrate, or by a police officer, if in the judgment of such magistrate or other officer as aforesaid, it is dangerous to the public peace to allow such person to go armed or to carry arms. XXVII. The provisions of the last two sections do not apply to Officers, non-commissioned officers, warrant officers, Commissioned, and soldiers, and sailors, in the military or naval service of Warrant Officers, lors. Sokliers and Sai Her Majesty, in respect of arms and ammunition kept by them for use in the public service. Members of volunteer corps in respect of such arms Volunteers. and ammunition. Police and revenue officers, and other persons in respect Police" and Revenue of arms and ammunition furnished by Government for use in the public service, or provided by themselves with the sanction of Government for such use. Officers. Such other persons, classes of persons, districts or parts of Others persons. districts as the local Government may by notification in the Official Gazette from time to time exempt from such provisions.* or suspension of licences to carry arus. XXVIII. Licences to carry arms may be granted by any Grant and revocation magistrate or other officer specially authorized by the Governor General of India in Council or the local Government to grant such licences, and may be revoked or suspended by any officer authorized to grant such licence whenever he may think fit. XXIX. The licence shall be in the form prescribed by Form of licence. the Governor General of India in Council. of grantee, and number of followers to whom it is to apply. XXX. The licence shall state whether its operation is Licence to state name limited to the person in whose favour it is granted and whom it shall mention by name, or whether it extends to any of his followers. In the latter case the number of the followers of such person licensed to carry arms, and the number and description of arms to be carried by each of such followers, shall be specified. arms and ammunition in certain cases. XXXI. Whenever a magistrate shall have reason to Search and seizure of believe that any person residing within the limits of his jurisdiction has in his possession any arms of the description mentioned in Section VI. of this Act, or percussion caps, sulphur, gunpowder, or other ammunition for any unlawful purpose, or that such person cannot in the judgment of the magistrate be left in the possession of any such arms, percussion caps, sulphur, gunpowder, or other ammunition without danger to the public peace, it shall be lawful for such magistrate, having first recorded the grounds of his belief, to cause a search to be made of the house or premises occupied by such person or on which the magistrate may * Vide Act VI. of 1866. Executive Govern ment may order any district armed. or have reason to believe such arms, percussion caps, sulphur, gunpowder, or other ammunition are to be found, and to seize and to detain the same in safe custody for such time as he may deem necessary. The search in such case shall be conducted by or in the presence of the magistrate, or by or in the presence of a joint or deputy magistrate or a European assistant, or by or in the presence of some European officer, civil or military, to be specially empowered by Government. XXXII. Clause 1. It shall be lawful for the Governor General of India in Council, or for the Executive Governplace to be dis- ment of any presidency, or for any Lieutenant Governor, or with the sanction of the Governor General in Council for the chief commissioner or commissioners of any province, district, or place subject to their administration respectively, whenever it shall appear necessary for the public safety, to order that any province, district, or place shall be disarmed. Possession of arms and ammunition Clause 2. In every such province, district, or place, as without licence well as in any province, district, or place in which an order prohibited. for a general search for arms has been issued and is still in operation under Act XXVIII of 1857, it shall not be lawful for any person to have in his possession any arms of the description mentioned in Section VI of this Act, or any percussion caps, sulphur, gunpowder, or other ammunition without a licence. Grant of licences, &c. Licence to travellers to carry arms. Clause 3. Licences to have in possession any arms of the description mentioned in Section VI, or percussion caps, sulphur, gunpowder, or other ammunition, may be granted by any magistrate or other officer specially authorized by the Governor General of India in Council or the local Government to grant such licences, and may be revoked or suspended by any officer authorized to grant such licences, whenever he may think fit. The licences shall be in the form prescribed by the Governor General of India in Council or by the local Government. Clause 4. If any person shall have a licence from the magistrate of the district or place at which he resides or may be, to carry on a journey such arms as the magistrate may consider reasonable for his private use, and shall obtain from such magistrate a licence stating the name and address of such person, the route by which he intends to proceed, the time which such journey is expected to occupy, and the arms which he is permitted to carry, such licence shall have the same force and effect, according to its tenor, in every district or place specified therein, as if leave to go armed had been granted by the magistrate of such district or place. Clause 5. In every province, district, or place which Publication of order shall be ordered to be disarmed, the order of the Governor General of India in Council or of the local Government shall be published in the Calcutta Gazette or in the Gazette in which the orders of the Governor General of India in Council or of the local Government making the order, as the case may be, are usually published, and shall also be made public in such other manner as the Governor General of India in Council or the local Government shall direct. for disarming. Clause 6. Every person who after the expiration of the Penalty. time mentioned in such order in any province, district, or place to which this section shall be extended, or who after the first day of October 1860, in any province, district, or płace in which an order for a general search for arms has been issued and is still in operation as aforesaid, shall have in his possession or custody any such arms as aforesaid, or any percussion caps, sulphur, gunpowder, or other ammunition without licence as aforesaid, shall be liable to be imprisoned, with or without hard labor, for a term not exceeding two years, and also to a fine not exceeding one thousand rupees, and it shall be lawful for the magistrate or other officer mentioned in the order to search or cause to be searched any house or premises occupied by such person, or in which the magistrate may have reason to believe that any such arms, percussion caps, sulphur, gunpowder or other ammunition are concealed. Clause 7. The search shall be conducted by or in the Search. presence of the magistrate, or by or in the presence of a joint or deputy magistrate, or European assistant, or by or in the presence of some European officer, civil or military, appointed by Government to conduct such searches; and Exemptions. Penalty for refusing to produce or for all such arms, percussion caps, sulphur, and other ammunition found on such search shall be confiscated. Clause 8. The provisions of this section shall not extend to any person or persons exempted by the authority of the Governor General of India in Council or of the local Government of the proclaimed district, or by any European officer serving in such district duly authorized by the local Government in that behalf. XXXIII. If on any such search being made under the concealing arms, provisions of either of the last two sections, any person &c., searched for. having in his possession or power any such arms, percussion caps, sulphur, gunpowder, or other ammunition, or knowing where such arms, percussion caps, sulphur, gunpowder or other ammunition are concealed, shall refuse to produce or point out the same to the officer making the search, or if any person shall intentionally conceal or attempt to conceal any such arms, percussion caps, sulphur, gunpowder, or ⚫ other ammunition, such person may be apprehended without warrant, and shall be liable to imprisonment with or without hard labor for a term not exceeding two years, and also to a fine not exceeding one thousand rupees. Penalty for assaulting or resisting any per of any power vested in him by this Act. XXXIV. Whoever assaults or resists, or assists any son in the execution person in assaulting or resisting any person in the execution of any power vested in him by this Act, shall be liable to a fine not exceeding two hundred rupees, or to imprisonment with or without hard labor for any term not exceeding six calendar months, or to both fine and imprisonment. Cognizance of offen ces. XXXV. Except as otherwise provided, all offences under this Act may be tried by any magistrate, joint. magistrate, or person lawfully exercising the powers of a magistrate, unless the period of imprisonment to which the offender may be liable exceed that which the magistrate, joint magistrate, or other officer as aforesaid is competent to award under the laws for the time being in force in the presidency or place in which such magistrate, joint magistrate, or other officer as aforesaid is employed. When the period of imprisonment provided by this Act exceeds the period that may be awarded by such magistrate, joint magistrate or other officer as afore |