THE EXPLOSIVE SUBSTANCES ACT, 1908

An Act further 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:  

1. Short title, extent, and application. (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.

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 substance; 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 terms, to which fine may be added.

4. Punishment for attempt to cause explosion, or for making or keeping explosives with intend to endanger life or property .  Any person who unlawfully and maliciously  

(a) does any act with intent to cause by an explosive substance or conspires to cause by an explosive substance, an explosion in India 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 with intent by means thereof to endanger life, or cause serious injury to property in India, 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 with transportation for at term which may extend to twenty years, to which fine may be added, or with imprisonment for a term which may extend to seven years to which fine may be added.

5. 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, 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 punishable with transportation for a term which may extend to fourteen years, to which fine may be added, or with imprisonment for a term which may extend to five years to which fine may be added.

6. Punishment of abettors .  Any person who by the supply of 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.

7. 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 the Central Government

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