Section 10:
Licence for import and export of arms, etc.
(1) No person shall bring into, or take out of,
India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in
accordance with the provisions of this Act and the rules made thereunder:
Provided that--
(a) a person who is entitled by virtue of this Act or any other law for the time being in force to
have, or is not prohibited by this Act or such other law from having, in his possession any arms or
ammunition, may without a licence in this behalf bring into, or take out of, India such arms or
ammunition in reasonable quantities for his own private use;
(b) a person being a bona fide tourist belonging to any such country as the Central
Government may, by notification in the Official Gazette, specify, who is not prohibited by the
laws of that country from having in his possession any arms or ammunition, may, without a
licence under this section but in accordance with such conditions as may be prescribed, bring with
him into India arms and ammunition in reasonable quantities for use by him for purposes only of
sport and for no other purpose;
Explanation.-- For purposes of clause (b) of this proviso, the word "tourist" means a person who
not being a citizen of India visits India for a period not exceeding six months with no other object than
recreation, sight-seeing, or participation in a representative capacity in meetings convened by the
Central Government or in international conferences, associations or other bodies.
(2) Notwithstanding anything contained in the proviso to sub-section (1), where the
1[Commissioner of Customs] or any other officer empowered by the Central Government in this
behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person
who claims that such clause is applicable to him, or as to the reasonableness of the quantities of arms
or ammunition in the possession of any person referred to in such clause, or as to the use to which
such arms or ammunition may be put by such person, may detain the arms or ammunition in the
possession of such person until he receives the orders of the Central Government in relation thereto.
(3) Arms and ammunition taken from one part of India to another by sea or air or across any
intervening territory not forming part of India, are taken out of, and brought into, India within the
meaning of this section.
Notes:
1. Subs. by Act 22 of 1995, s. 89, for "Collector of Customs" (w.e.f. 26-5-1995).