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India. 2010 ‘Disposal of Prohibited and Non-prohibited Bore Small Arms.’ National Report of India on its Implementation of the International Instrument to Enable States to Identify and Trace, In a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (and the UNPoA); Chapter 2, pp. 6-7. New York, NY: Permanent Mission of India to the United Nations. 31 January

Relevant contents

Disposal of prohibited bore Small Arms:

Details of SALW which are seized/ confiscated by the police or Para-military forces are sent to Ministry of Home Affairs after duly taking care of all the legal requirements. If required, in cases where the same type of weapons are already in use by the security forces - and for which spares would be available, the seized/ confiscated weapons are re-allocated to units of security forces for counter-terrorist operations. Other prohibited bore weapons seized by security forces are destroyed at the Central Ordinance Depot. Disposal of unserviceable/surplus weapons in Ordnance depots is carried out strictly as per laid down instructions and relevant orders on the subject. There is no possibility of misuse of any such weapon as due safeguards measures exist prior to their disposal and records are maintained thereof.

Disposal of non-prohibited bore Small Arms:

Serviceable weapons of non-prohibited bore which are seized and confiscated by police or other law enforcement agencies may be disposed by allotment to eligible persons holding a valid license for such weapons. Such weapons are required to meet all the requirements laid out in the Arms Act (1959) in terms of having proper markings. The allotment is based on the realization of the price which is fixed by the Government. A monthly statement of all such seized stock is required to be sent to the Ministry of Home Affairs by the concerned State Police Department. All obsolete/unserviceable weapons and firearms and their components are destroyed.

To ensure the security - and prevent misuse - of seized/confiscated weapons, a detailed inventory of these weapons is maintained in "seizure memos". Such details include, inter-alia, the make and type of weapon. Their storage in local police stations is normally not allowed. These weapons are usually stored in a central location, such as in State Police Headquarters, so as to ensure their safety and proper supervision. Pending their disposal, a monthly statement of stocks of such weapons held by State Governments is sent to the Central Government (Ministry of Home Affairs).

[SALW = Small Arms and Light Weapons]

ID: Q1674

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