Section 35 in The Arms Act, 1959

Title: Criminal responsibility of persons in occupation of premises in certain cases.

Description: Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone.

Title: Information to be given regarding certain offences.

Description: (1) Every person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information of the same to the officer in charge of the nearest police station or the magistrate having jurisdiction. (2) Every person employed or working upon any railway, aircraft, vessel, vehicle or other means of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information to the officer in charge of the nearest police station regarding any box, package or bale in transit which he may have reason to suspect contains arms or ammunition in respect of which an offence under this Act has been or is being committed

Title: Arrest and searches.

Description: Save as otherwise provided in this Act,―, (a) all arrests and searches made under this Act or under any rules made thereunder shall be carried out in accordance with the provisions of the 1 [Code of Criminal Procedure, 1973 (2 of 1974)], relating respectively to arrests and searches made under that Code; (b) any person arrested and any arms or ammunition seized under this Act by a person not being a magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station and that officer shall― (i) either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or (ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, produce that person and those things without delay before the magistrate. 1. Subs. by Act 25 of 1983, s. 14, for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 22-6-1983).

Title: Offences to be cognizable.

Description: Every offence under this Act shall be cognizable within the meaning of the 1 [Code of Criminal Procedure, 1973 (2 of 1974)]. 1. Subs. by Act 25 of 1983, s. 14, for "Code of Criminal Procedure, 1898 (5 of 1898)"(w.e.f. 22-6-1983).

Title: Previous sanction of the district magistrate necessary in certain cases.

Description: No prosecution shall be instituted against any person in respect of any offence under section 3 without the previous sanction of the district magistrate.