The Explosive Substances Act, 1908 — Bare Act, All Sections & Free PDF
विस्फोटक पदार्थ अधिनियम, 1908
Overview
Enacted in 1908, the Explosive Substances Act specifically targets severe criminal offenses involving dangerous bombs and highly destructive devices. Its primary purpose is to deter terrorism and violence by severely punishing those causing explosions or possessing explosive substances with malicious intent. It applies strictly to the entire nation, powerfully supplementing the Explosives Act, 1884, and the Indian Penal Code comprehensively.
1908 में लागू विस्फोटक पदार्थ अधिनियम विशेष रूप से बम और विनाशकारी उपकरणों से जुड़े गंभीर आपराधिक अपराधों को लक्षित करता है। इसका मुख्य उद्देश्य दुर्भावनापूर्ण इरादे से विस्फोट करने या विस्फोटक पदार्थ रखने वालों को कठोर दंड देकर आतंकवाद रोकना है। यह पूरे भारतीय राष्ट्र पर लागू होता है, जो विस्फोटक अधिनियम और दंड संहिता का सक्षम पूरक है।
What is The Explosive Substances Act, 1908
The Explosive Substances Act, 1908 is a stringent Indian penal statute enacted to specifically target and punish criminal offenses involving bombs and explosive devices. It came into effect on June 8, 1908. This Act does not replace but strongly supplements the Explosives Act, 1884, which primarily governs commercial licensing rather than criminal misuse.
Its primary objectives are to penalize individuals who cause explosions likely to endanger life or property, attempt to cause explosions, and possess or control explosive substances with malicious intent. The Act explicitly defines "explosive substance" broadly to include any materials used for creating explosions.
It imposes severe penalties, including life imprisonment or capital death, depending on the severity of the offense and whether loss of life occurred. By criminalizing the malicious use of dangerous destructive devices, this legislation equips law enforcement agencies to combat terrorism, violent insurgency, and targeted violence, comprehensively ensuring robust national security everywhere today.
Explanation
The Explosive Substances Act, 1908 provides a specialized statutory scope for punishing the criminal misuse of bombs and explosive materials in India. Its key provisions span seven sections, meticulously detailing offenses like causing explosions likely to endanger life or property, attempting to cause explosions, and making or possessing explosive substances under suspicious circumstances.
A major structural feature is its strict liability approach for possession; Section 4 shifts the burden of proof onto the accused to demonstrate lawful intent. This Act operates indispensably alongside companion laws, primarily the Explosives Act, 1884, which governs administrative licensing, and the Indian Penal Code, which handles general malicious damage.
While the 1884 Act regulates lawful commerce, this Act specifically criminalizes terrorist applications. In the Indian justice system, this legislation plays a profoundly strict and punitive role. Section 3 prescribes severe penalties, including life imprisonment or death, if an explosion causes loss of life. Courts routinely interpret its provisions regarding circumstantial evidence and recovery of materials.
All Sections
Section 1 to Section 7 (7 Sections)
Short title, extent and application.
(1) This Act may be called the Explosive Substances Act, 1908.
1 [(2) It extends to the whole of India 2 *** and applies also to citizens of India 3 [outside India].]
Definition.
1In this Act—
(a) the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement;
(b) the expression "special category explosive substance" shall be deemed to include research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting explosive (HMX), tri nitro toluene (TNT), low temperature plastic explosive (LTPE), composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixture of high melting explosive and tri nitro toluene), plastic explosive kirkee -1 (PEK-1) and RDX/TNT compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any other substance and a combination thereof which the Central Government may, by notification in the Official Gazette, specify or the purposes of this Act.
Punishment for causing explosion likely to endanger life or property.
Any person who unlawfully and maliciously causes by—
(a) any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with imprisonment for life, or with rigorous imprisonment of either description which shall not be less than (ten years, and shall also be liable to fine;
(b) any special category explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable to fine.
Punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property.
Any person who unlawfully and maliciously—
(a) does any act with intent to cause by an explosive substance or special category explosive substance, or conspires lo cause by an explosive substance or special category explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property; or
(b) makes or has in his possession or under his control any explosive substance or special category explosive substance with intent by means thereof to endanger life, or cause serious injury to property, or to enable any other person by means thereof to endanger life or cause serious injury to property in India,
shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be punished,—
(i) in the case of any explosive substance, with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
(ii) in the case of any special category explosive substance, with rigorous imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Punishment for making or possessing explosives under suspicious circumstances.
Any person who makes or knowingly has in his possession or under his control any explosive substance or special category explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punished,—
(a) in the case of any explosive substance, with imprisonment for a term which may extend to ten years, and shall also be liable to fine;
(b) in the case of any special category explosive substance, with rigorous imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.]
Punishment of abettors.
Any person who by the supply or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this Act shall be punished with the punishment provided for the offence.
Restriction on trial of offences.
No court shall proceed to the trial of any person for an offence against this Act except with the consent of 1 *** the 2 [District Magistrate].
Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.