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Explosive Substances Act, 1908 Complete Act

Title: Explosive Substances Act, 1908

State: Central

Year: 1908

Preamble1 - EXPLOSIVE SUBSTANCES ACT, 1908 Section1 - Short title, extent and application Section2 - Definitions: In this Act Section3 - Punishment for causing explosion likely to endanger life or property: Any person who unlawfully and maliciously causes by Section4 - 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 Section5 - Punishment for making or possessing explosives under suspicious circumstances Section6 - Punishment of abettors Section7 - Restriction on trial of offences Amending ActI - EXPLOSIVE SUBSTANCES (AMENDMENT) ACT, 2001

Explosive Substances Act, 1908 Amending Act I

Title: Explosive Substances (Amendment) Act, 2001

State: Central

Year: 1908

.....appoint, 2. Substitution of new sections for sections 2 to 5 In the Explosive Substances Act 6 of 1908(hereinafter referred to as the principal Act), for sections 2 to 5, the following sections shall be substituted, namely: '2. Definitions: In 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 (mixlure 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.....

Explosive Substances Act, 1908 Preamble 1

Title: Explosive Substances Act, 1908

State: Central

Year: 1908

THE EXPLOSIVE SUBSTANCES ACT, 1908 [Act, No. 6 of 1908] [8th June,1908] PREAMBLE An Act farther to amend the law relating to explosive substances. Whereas it is necessary further to amend the law relating to explosive substances; It is hereby enacted as follows:--

Explosive Substances Act, 1908 Complete Act

State: Central

Year: 1908

.....arms. is also inadequate in respect of both of the penalties it allows and the scope of its provisions for dealing promptly with preparations to manufacture bombs and other explosives. The Penal Code provides for the punishment of persons who cause hurt or mischief by means of explosive substances and it also deals with attempts to cause hurt or mischief but only when any act towards the commission of the offence is actually done. But it does not provide any penalty for making or possessing explosive substances with unlawful intent and it does not in other cases always provide such severe penalties as are requisite. The Governor-General in Council, therefore, considers it necessary to supplement the existing law by an Act on the lines of the English Explosive Substances Act, 1883, which was enacted for the expressed purpose of dealing with anarchist crimes. The Bill which has been drafted to give effect to this decision provides for a punishment of any person who causes an explosion likely to endanger life or property, or who attempts to cause such an explosion, or makes or has in his possession any explosive substance with intent to endanger life or property. It further makes.....

Explosive Substances Act, 1908 Section 2

Title: Definitions: in This Act

State: Central

Year: 1908

.....in the Official Gazette, specify tor the purposes of this Act. _________________________ 1. Substituted by The Explosive Substance (Amendment) Act, 2001. Prior to substitution sections 2 to 5 read as under: "2. Definition of "explosive substance". --In this Act 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 substances; also any part of any such apparatus, machine or implement. 3. Punishment for causing explosion likely to endanger life or property.--Any person who unlawfully and maliciously causes by 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 transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added. 4. Punishment for attempt to cause explosion, or for making or keeping.....

Explosive Substances Act, 1908 Section 4

Title: 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

State: Central

Year: 1908

(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.

Explosive Substances Act, 1908 Section 5

Title: Punishment for Making or Possessing Explosives Under Suspicious Circumstances

State: Central

Year: 1908

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.]

Explosive Substances Act, 1908 Section 3

Title: Punishment for Causing Explosion Likely to Endanger Life or Property: Any Person Who Unlawfully and Maliciously Causes by

State: Central

Year: 1908

(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 (en 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.

Explosive Substances Act, 1908 Section 1

Title: Short Title, Extent and Application

State: Central

Year: 1908

(1) This Act may be called the Explosive Substances Act, 1908. (2) It extends to the whole of India, and applies also to citizens of India outside India.

Explosive Substances Act, 1908 Section 7

Title: Restriction on Trial of Offences

State: Central

Year: 1908

No Court shall proceed to the trial of any person for an offence against this Act except with the consent of the1[District Magistrate.] _________________________ 1. The words " Central Government" substituted by the Explosives Substances (Amendment) Act, 2001 w.e.f 11.12.2001.