Section 37 in The Arms Act, 1959
Title: Arrest and searches.
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.
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.
No prosecution shall be instituted against any person in respect of any offence under section 3 without the previous sanction of the district magistrate.
Title: Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Title: Power to exempt.
Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,--
(a) 1[exempt any person or class of persons (either generally or in relation to such description of arms and ammunition as may be specified in the notification)], or exclude any description of arms or ammunition, or withdraw any part of India, from the operation of all or any of the provisions of this Act; and
(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons or the description of arms and ammunition or the part of India to the operation of such provisions.
1. Subs. by s. 15, ibid.,for “exempt any person or class of persons” (w.e.f. 22-6-1983).