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Date - 18.08.2020
Day - Day 47
Legal Legislation

THE EXPLOSIVE SUBSTANCES ACT, 1908

INTRODUCTION
​The Explosive Substances Act, 1908​, is an Act that consists of 1 chapter further divided into
7 sections.

EXPLANATION OF SECTIONS
Section 1 → Short title, extent and application
This section states that this Act applies to all the citizens of India, whether within the borders
of the country or outside the boundaries of the country. It further says that this Act shall be
called ‘​The Explosive Substances Act, 1908​’.
Section 2 → Definitions
(a) the expression “explosive substance” would 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” includes research
development explosive (RDX), pentaerythritol tetranitrate (PETN), high melting
explosive (HMX), trinitrotoluene (TNT), low-temperature plastic explosive (LTPE),
composition exploding (CE) (2,4, 6 phenyl methyl nitramine or tetryl), OCTOL (a
mixture of high melting explosive and trinitrotoluene), plastic explosive Kirke-1
(PEK-1) and RDX/TNT compounds and other similar types of explosives and a
combination thereof and remote control devices causing explosion and any other
substance and a combination thereof and remote control devices causing an
explosion and any other substance and a combination thereof which the Central
Government may, by notification in the Official Gazette, specify for this Act.
Section 3 → Punishment for causing an explosion likely to endanger life or property
Any person who unlawfully and maliciously causes by-
(a) any explosive substance an explosion of nature to endanger the life or to cause serious
injury to property shall, whether any harm to person or property has been caused or not, be
punished with imprisonment for life, or with rigorous imprisonment of either description
which would not be less than 10 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 caused or not, be punished with death, or rigorous imprisonment for life, and shall
also be liable to fine.
Section 4 → Punishment for attempt to create an 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 the intent to cause by an explosive substance or special category
explosive substance, or conspires to cause by an explosive substance or special category
explosive substance, an explosion of nature 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 to endanger life or cause can cause
serious injury to property in India, shall, whether an explosion does or does not take place
and whether any injury to person or property has been caused or not, be punished-
(i) in the case of any explosive substance, with life imprisonment or with imprisonment
of either description for a period, not less than 10 years and also fine;
(ii) in the case of any special category explosive substance, with rigorous life
imprisonment, or imprisonment, which may extend to 10 years and shall also be liable
to fine.
Section 5 → Punishment for making or possessing explosives under suspicious
Circumstances
Any person who makes or knowingly has, in his or her possession or control, any explosive
material or particular category flammable material, in situations to give rise to a fair
presumption that he or she does not make it or that he or she does not have it in his or her
possession or control of a lawful object, shall, unless he or she can prove that he or she has
made it or has it in his or her possession or under his control, 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 particular category flammable 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
Section 6 → Punishment of abettors
Any person who, by providing or applying for money, providing premises, supplying
materials, or in any way whatsoever, procures, counsels, aids, abets, or accessories,
commits any offense under this Act shall be punished with the penalty given for the crime.
Section 7 → Restriction on the trial of offences
No Court shall proceed to the trial of any person for an offence against this Act except with
the consent of the District Magistrate.

By ​Sneha Mahawar​, ​Anshika Raj Singh and ​Deb Zyoti Das​, Content Board, All India
Legal Forum.
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