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India
Source
: National Reports on the Implementation of the PoA, 2010 and 2008 
Date
: 04/05/2011
National Report
:
 
Contact
: Office of the Joint Secretary, Disarmament and International Security Affairs Division, Ministry of External Affairs
Email
: jsdisa@mea.gov.in
 
 
 
 


National laws, regulations and administrative procedures:

Arms Act 1959

 

 
 
 


National Marking Practices:

All small arms produced/ manufactured in India are uniquely marked. This applies to arms that are produced for private/ personal use and those which are used by armed forces, police or para-military forces. The Arms Act (1959) provides (Section 8) that arms which do not bear specified identification marks may not be sold or transferred. Further, under Arms Act (1959), any person found in possession of a weapon without identifications marks would be presumed to have removed/ obliterated the marks unless proven otherwise. The SALW produced by Indian ordnance factories are marked by stamping/ engraving or laser marking to indicate the type/ nomenclature of the weapon, ‘IN’ for India for country of origin, registration number, manufacturer/ factory of origin and the year of manufacture on one or more of the vital and critical components of a small arm - the body, the chamber, the cylinder, the breech block and the barrel – during the final stages of production. Private sector manufacturers of firearms are required by law to get every firearm stamped to show: the maker’s name and registered trademark; the serial number of the weapons as entered in his register and the year of stamping; and proof-mark (Arms Rules (1959) Section 25). The parts of the weapons to be marked are also specified under these provisions. In order to implement the international instrument on marking and tracing of SALW, suitable instructions have now been given by the Government of India to the States to ensure that the country of origin ie word ‘IN’ is suitably marked on all arms manufactured by the private sector arms manufacturers.

Marking at the time of import:

If an imported firearm kept for sale by a dealer does not bear the manufacturer’s name, the concerned importer is required to engrave appropriate Identification marks (identifying the importer), as allotted by the Government under these provisions (Section 25, Arms Rules (1962). India has decided not to import any arms which are not marked to indicate the country of manufacture. Towards this, it is proposed to introduce the following article in the Request for Proposals (RFP) which are issued for import of SALW :- “In terms of para 8(a) of the International Instrument to enable States to identify and trace in a timely and reliable manner, illicit small arms and light weapons as adopted by the United Nations General Assembly on 8th December 2005, at the time of manufacture of each small arm or light weapon under their jurisdiction or control, the supplier shall ensure unique marking providing the name of the manufacturer, the country of manufacture and serial number or maintain any alternative unique user friendly marking with simple geometry symbols in combination with numeric and alpha numeric code, permitting ready identification by all. The manufacturers will confirm compliance with these provisions."

Marking of SALW in the possession of government armed and security forces:


Measures against the removal or alteration of markings:



 
 
 


Accurate and comprehensive records for all marked SALW within their territory:

All ordnance factories maintain detailed records of small arms manufactured by them along with the information on the concerned dealer/indenter to show receipts, disposal, balance of stock in hand and daily sales of arms and ammunition of different categories. Private firms and persons authorised to manufacture firearms against license issued under the Arms Rules of 1962 are required to maintain a Gun Manufacturing Register which records information including Serial Numbers and Date, Month and Year of manufacture. They are also required to maintain a Register of Rectification in which the Serial Numbers stamped on guns which are not passed by the Proof House on first submission are to be entered with a cross reference to the Gun Manufacturing Register. A designated Inspecting Officer inspects these registers regularly. A record of arms sold in the civilian market (non-prohibited bore) is also required to be kept by each arms dealer under Section 26 of the Arms Rules (1962) in a Sale and Transfer Register. These records are regularly checked by the concerned state/ district authorities. License for possession of prohibited bore weapons may only be issued, under special conditions, by the Ministry of Home Affairs, Government of India, who also maintains a record of all such weapons in possession of civilian population. Armed forces/ police and para-military forces maintain a permanent record of all weapons in their possession. Allotment of registration numbers for the armed forces/police and para-military forces is done centrally and a record is maintained of these registration numbers along with the indent. This provides for a double check on the records.

 
 
 


Measures taken for undertaking traces and responding to tracing requests
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Operational Informaton Exchange:

Needs and Request for Assistance::

Implementation challenges and opportunities: