THE EXPLOSIVE SUBSTANCES ACT, 1908

What is the purpose of the Explosive Substances Act, 1908?

It is an Act to further amend the law relating to explosive substances.

When was the Explosive Substances Act, 1908 enacted?

It was enacted on 8th June, 1908.

What is the Act No?

Act no. 6 of 1908

What is the long title of the Act?

"An Act further to amend the law relating to explosive substances."

What does Section 1 deal with?

It deals with the short title, extent, and application of the Explosive Substances Act, 1908.

What is the short title of the Act under Section 1(1)?

The Act may be called the Explosive Substances Act, 1908.

What is the territorial extent and application of the Act under Section 1(2)?

The Act extends to the whole of India and also applies to citizens of India living outside India.

What does Section 2 of the Explosive Substances Act, 1908 deal with?

It deals with the definitions of expressions used in the Act.

How is the expression “explosive substance” defined under Section 2(a)?

The expression “explosive substance” is deemed to include any material for making any explosive substance.

What additional items are included within the meaning of “explosive substance” under Section 2(a)?

It also includes any apparatus, machine, implement or material used, intended to be used, or adapted for causing or aiding in causing any explosion in or with any explosive substance.

Does the definition of “explosive substance” extend to parts of equipment under Section 2(a)?

Yes, it includes any part of any such apparatus, machine or implement.

What does the expression “special category explosive substance” mean under Section 2(b)?

It is deemed to include specified high‑grade and military‑grade explosives and related devices.

Which specific substances are expressly included as “special category explosive substances” under Section 2(b)?

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 HMX and TNT), Plastic Explosive Kirkee‑1 (PEK‑1), and RDX/TNT compounds.

Are combinations of such explosives covered under Section 2(b)?

Yes, combinations of such explosives are also included.

Are remote control devices causing explosion included within “special category explosive substance” under Section 2(b)?

Yes, remote control devices causing explosion are expressly included.

Does Section 2(b) empower the Central Government to include other substances?

Yes, any other substance or combination thereof may be specified by the Central Government by notification in the Official Gazette for the purposes of this Act.

What does Section 3 of the Explosive Substances Act, 1908 deal with?

It deals with the punishment for causing an explosion likely to endanger life or property.

What is the punishment under Section 3(a) for unlawfully and maliciously causing an explosion with any explosive substance?

Any person causing an explosion with any explosive substance likely to endanger life or cause serious injury to property shall, whether any injury is actually caused or not, be punished with imprisonment for life, or rigorous imprisonment of either description not less than ten years, and shall also be liable to fine.

What is the punishment under Section 3(b) for unlawfully and maliciously causing an explosion with any special category explosive substance?

Any person causing an explosion with any special category explosive substance likely to endanger life or cause serious injury to property shall, whether any injury is actually caused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable to fine.

What does Section 4 of the Explosive Substances Act, 1908 deal with?

It deals with the punishment for attempting to cause an explosion or for making or keeping explosives with intent to endanger life or property.

What acts are covered under Section 4(a)?

Any person who unlawfully and maliciously does any act with intent to cause, or conspires to cause, an explosion by an explosive substance or special category explosive substance likely to endanger life or cause serious injury to property.

What acts are covered under Section 4(b)?

Any person who makes, has in possession, or has under control any explosive substance or special category explosive substance with intent to endanger life, cause serious injury to property, or enable any other person to do so in India.

Does Section 4 require that an explosion actually occur for punishment to apply?

No, the punishment applies whether any explosion does or does not take place.

Does Section 4 require actual injury to person or property for punishment to apply?

No, the punishment applies whether any injury to person or property has been actually caused or not.

What is the punishment under Section 4(i) for acts involving any explosive substance?

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and also liable to fine.

What is the punishment under Section 4(ii) for acts involving any special category explosive substance?

Rigorous imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and also liable to fine.

What does Section 5 of the Explosive Substances Act, 1908 deal with?

It deals with the punishment for making or possessing explosives under suspicious circumstances.

What acts are prohibited under Section 5?

Making, knowingly having in possession, or having under control any explosive substance or special category explosive substance under circumstances giving rise to reasonable suspicion that it is not for a lawful object.

What is the burden of proof on the person under Section 5?

The person must show that he made, possessed, or controlled the explosive for a lawful object to avoid punishment.

What is the punishment under Section 5(a) for any explosive substance?

Imprisonment for a term which may extend to ten years, and also liable to fine.

What is the punishment under Section 5(b) for any special category explosive substance?

Rigorous imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and also liable to fine.

What does Section 6 of the Explosive Substances Act, 1908 deal with?

It deals with the punishment of abettors of offences under this Act.

Who is considered an abettor under Section 6?

Any person who, by supply or solicitation for money, providing premises, supplying materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to the commission of any offence under this Act.

What is the punishment for an abettor under Section 6?

The abettor shall be punished with the punishment provided for the offence itself.

What does Section 7 of the Explosive Substances Act, 1908 deal with?

It deals with the restriction on the trial of offences under this Act.

Can a court proceed to trial for an offence under this Act without any prior approval?

No, no court shall proceed to the trial of any person for an offence under this Act except with the consent of the District Magistrate.