The Explosive Substances Act, 1908

(1) This Act may be called the Explosive SubstancesAct, 1908. 1[(2) It extends to the whole of India 2*** and applies also to citizens of India 3[outside India].]

1In this Act (a) the expression "explosive substance" shall be deemed to include any materials formaking 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 withany explosive substance; also any part of any such apparatus, machine or implement; (b) the expression "special category explosive substance" shall be deemed to includeresearch development explosive (RDX), penta erythritol tetra nitrate (PETN), high meltingexplosive (HMX), tri nitro toluene (TNT), low temperature plastic explosive (LTPE),composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixture ofhigh melting explosive and tri nitro toluene), plastic explosive kirkee -1 (PEK-1) andRDX/TNT compounds and other similar type of explosives and a combination thereof andremote control devices causing explosion and any other substance and a combinationthereof which the Central Government may, by notification in the Official Gazette, specifyor the purposes of this Act.

Any person whounlawfully and maliciously causes by (a) any explosive substance an explosion of a nature likely to endanger life or to cause seriousinjury to property shall, whether any injury to person or property has been actually caused or not, bepunished with imprisonment for life, or with rigorous imprisonment of either description which shallnot 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 tocause serious injury to property shall, whether any injury to person or property has been actuallycaused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable tofine.

Any person who unlawfully and maliciously (a) does any act with intent to cause by an explosive substance or special category explosivesubstance, 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 specialcategory explosive substance with intent by means thereof to endanger life, or cause serious injury toproperty, or to enable any other person by means thereof to endanger life or cause serious injury toproperty in India, shall, whether any explosion does or does not take place and whether any injury to person or property hasbeen actually caused or not, be punished, (i) in the case of any explosive substance, with imprisonment for life, or with imprisonmentof 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 forlife, or with rigorous imprisonment for a term which may extend to ten years, and shall also beliable to fine.

Anyperson who makes or knowingly has in his possession or under his control any explosive substance orspecial category explosive substance, under such circumstances as to give rise to a reasonable suspicionthat 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, bepunished, (a) in the case of any explosive substance, with imprisonment for a term which may extend to tenyears, 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 tofine.]