Surrender of Illicit Arms Act, 1991

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THE SURRENDER OF ILLICIT ARMS ACT, 1991 
 
 
 
CONTENTS 
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SECTIONS: 
1 Short title, extent and commencement. 
2 Definitions. 
3 Act not to derogate from other laws. 
4 Surrender of illicit arms. 
5 Surrender of arms, etc., by persons on visit abroad. 
6 Publicity for surrender of illicit arms. 
7 Punishments. 
8 Indemnity. 
9 Search for illicit arms, etc. 
10 Reward for successful recovery. 
11 Scrutiny of licences, etc. 
12 Punishment for failure to present licence for scrutiny. 
13 Exemption. 
14 Rules. 
15 Removal of difficulties. 
 
Updated till 06.12.2022
 
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THE SURRENDER OF ILLICIT ARMS ACT, 1991. 
1ACT NO. XXI OF 1991 
An Act to provide for the surrender of illicit arms and improvement and control of the law and 
order situation 
WHEREAS it is expedient in the public interest to provide for the surrender of illicit arms, 
improvement and control of law and order situation and for matters connected therewith or 
incidental thereto: 
It is hereby enacted as follows:⎯ 
1. Short title, extent and commencement. (1) This Act may be called the Surrender of 
Illicit Arms Act, 1991. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force in such areas and on such date as the Federal Government 
may, on recommendation of the respective Provincial Governments, by notification in the official 
Gazette appoint; and different date may be so appointed in respect of different areas. 
2. Definitions. (1) In this Act, unless there is anything repugnant in the subject or context,⸻ 
 
(a)  “illicit arms” includes― 
 
(i)  cannon as defined in the Pakistan Arms Ordinance, 1965 (W.P. 
Ordinance No. XX of 1965), excluding sub-machine guns and their 
silencers revolvers or pistols of over 46 inches bore; 
 
(ii)  all types of explosive substances as defined in the Explosive 
Substances Act, 1908 (VI of 1908), and the Explosive Act, 1884 (IV of 
1884), including mines of all types; 
 
(iii)  all types of containers, grenades bombs and shells that discharge 
poisonous or noxious gases or other chemicals or substances which 
cause damage to human body; 
 
(iv)  fire-arms comprising automatic weapons (other than machine guns) 
including sub-machine guns, automatic rifles and machine pistols; and 
 
(v)  rifles, carbines muskets, shortguns, revolvers, pistols and appliances 
the object of which is the silencing of fire-arms and all other fire-arms 
not included in sub-clause (iv), 
 
which are held or possessed in contravention of the p rovisions of the 
Arms Act, 1878 (XI of 1878), the Explosives Act, 1884 (IV of 1884), 
the Explosive Substances Act, 1908 (IV of 1908), the Pakistan Arms 
Act, 1965 (W.P. Ord. XX of 1965), or any other law for the time being 
in force; 
 
 
1This Act shall come into force in the Karachi Division (w.e.f. 24-8-95) vide S.R.O. No. 841 (I)/95, dt. 24-8-95. 
 
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(b)  “prescribed” means prescribed by rules made under this Act. 
(2) The Federal Government may, by notification in the official Gazette, declare any article, 
substance, arms, ammunition or military stores not, specified hereinbefore which is held or 
possessed in contravention of any law as illicit arms, ammunition or explosives, for the purpose of 
this Act. 
3. Act not to derogate from other laws. The provisions of this Act shall be in addition to, 
and not in derogation of, any other law for the time being in force, and nothing contained herein 
shall exempt any person from any proceedings which may be instituted against him under such law. 
4. Surrender of illicit arms.⎯ 1[(1) O n the commencement of this Act, all] persons in 
possession or control of any illicit arms shall surrender such arms 2[to the District Co-ordination 
Officer, Deputy District Officer (Revenue)] or officer-in-charge of a police-station within whose 
jurisdiction such persons ordinarily reside or to such other authority as may be specified by the 
Federal Government by notification in the official Gazette. 
(2) The authority receiving any illicit arms shall issue a receipt for the same. 
5. Surrender of arms, etc., by persons on visit abroad. A person on a lawful visit abroad 
at the commencement of this Act shall, within 1[sixty days] of his return to Pakistan, through an 
authorized route or port of entry surrender and deposit and deposit all illicit arms in his possession 
or control to one of the authorities specified in section 4. 
6. Publicity for surrender of illicit arms.― (1) The Federal Government and the Provincial 
Government shall give wide publicity to the provisions of this Act on the media, including 
television, radio, national and regional press, in Urdu, English and regional languages or by any 
other mode as may be prescribed. 
(2) There shall be publicly displayed a count-down of every expired day of the period 
allowed for surrender of illicit arms under this Act and the number of days left for such surrender. 
7. Punishments.― (1) Whoever contravenes the provisions of section 4 or section 5 or fails 
to surrender illicit arms shall,— 
(a)  in respect of illicit arms defined in sub-clauses (i) to (iii) of clause (a) of 
section 2, be punished with imprisonment for life and forfeiture of property, 
both movable and immovable; 
(b)  in respect of illicit arms defined in sub-clause (iv) of clause (a) of section 2, 
be punished with imprisonment for life or with imprisonment for a term which 
shall not be less than ten years having regard to the antecedents of the accused; 
and 
 
 
 
 
 
 
1Subs. & deemed always to have been so subs. by Ord. 66 of 01, s. 2 & Sch. 
2Subs. by Ord. 66 of 01, s. 2 & Sch. 
 
 
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(c) in respect of illicit arms defined in sub-clause (v) of clause (a) of s ection 2, 
be punished with imprisonment for a term which may extend to fourteen years 
but shall not be less than three years, having regard to the antecedents of the 
accused. 
 
(2) Any illicit arms in respect of which a person is convicted and sentenced under sub-
section (1) shall stand forfeited to the Federal Government. 
 
(3) Any conveyance used for the transportation of any illicit arms shall also be liable to 
confiscation. 
 
Explanation.― In this section, “conveyance” includes a vessel, aircraft, vehicle or animal. 
 
8. Indemnity. A person surrendering or depositing illicit arms under section 4 or section 5 
shall stand indemnified against any legal or penal action for having previously possessed such illicit 
arms: 
 
Provided that any person who had committed any offence with such arms shall not be 
exempted from criminal liability for any such offence. 
 
9. Search for illicit arms, etc. 1[(1) The Federal Government may, from time to time, launch 
campaign for recovery of illicit arms in a coordinated manner and the Provincial Governments and 
all other agencies of the State which may be called upon shall act in aid of the Federal Government 
and Provincial Governments.] 
 
(2) Search for illicit arms, ammunition or explosives shall be carried out, as nearly as may be, 
in accordance with Chapter V of the Code of Criminal Procedure, 1898 (Act V of 1898): 
 
Provided that, where in case of an extreme urgency a departure from the provisions of the 
Code is made, the District Superintendent of Police or any other officer authorizing the search 
shall record reasons for such departure. 
10. Reward for successful recovery. Any person providing information for successful 
recovery of illicit arms may, in the prescribed manner, be appropriately rewarded by the Federal 
Government or, as the case may be, by the Provincial Government to whom such information is 
provided, keeping in view the number of illicit arms recovered on the basis of such information. 
11. Scrutiny of licences, etc.⎯ (1) Whenever the Federal Government or, if so required by 
it, the Provincial Government deems fit, it may, notwithstanding anything contained in the 
Pakistan Arms Ordinance, 1965 (W.P. Ordinance No. XX of 1965), the Explosive Substances Act, 
1908 (VI of 1908), the Explosives Act, 1884 (IV of 1884), the Arms Act, 1878 (XI of 1878), or any 
other law, by notification in the official Gazette, direct every person possessing or keeping in his 
control any arms, ammunition or explosives under any licence issued by any authority appointed 
under any law for the time being in force, to present such licence to the authority specified in the 
notification, by the Federal Government or, as the case may be, the Provincial Government, for 
scrutiny. 
 
 
 
 
1Subs. and shall be deemed always to have been so subs. by Ord. 66 of 01, s. 2 & Sch. 
 
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(2) Where, on scrutiny of a license, the authority referred to in sub-section (1) is satisfied that 
it was not in the public interest or conducive for maintenance of law and order or the public peace to 
allow retention of the licence or any arms, ammunition or explosives, it may, after providing an 
opportunity of being heard, cancel the licence issued to a person to possess or keep any arms, 
ammunition or explosives. 
 
(3) Where a licence is cancelled under sub-section (2), the person possessing or keeping any 
arms, ammunition or explosives shall deposit such arms, ammunition or explosives with the 
authority specified by the Federal Government. 
 
12. Punishment for failure to present licence for scrutiny. Whoever fails to present his 
licence for possessing or keeping any arms, ammunition or explosives as required under section 11 
shall be punished with imprisonment which may extend to ten years but shall not be less than three 
years and confiscation of such arms, ammunition or explosives. 
 
13. Exemption. Nothing contained in this Act shall apply to a person who is exempt by 
virtue of the provisions of the Pakistan Arms Ordinance, 1965 (W.P. Ordinance No. XX of 
1965), and the rules framed thereunder from holding a licence for possessing any arms and 
ammunition, including those of prohibited bore, by virtue of his office or otherwise. 
 
14. Rules. The Federal Government may make rules for carrying out the purposes of this 
Act. 
 
15. Removal of difficulties. If any difficulty arises in giving effect to any provision of this 
Act, the Federal Government may make such order or direction, not inconsistent with the provisions 
of this Act, as may appear to it to be necessary for the purpose of removing such difficulty. 
 
 
 
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