Section 38 in The Arms Act, 1959
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).
Title: Power to take census of firearms.
(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.
(2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.