The Explosive Substances Act, 1908
THE EXPLOSIVE SUBSTANCES ACT, 1908

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ARRANGEMENT OF SECTIONS

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SECTIONS

1. Short title, extent and application.
2. Definition.
3. Punishment for causing explosion likely to endanger life or property.
4. Punishment for attempt to cause explosion, or for making or keeping explosive with intent to

endanger life or property.

5. Punishment for making or possessing explosives under suspicious circumstances.
6. Punishment of abettors.
7. Restriction on trial of offences.

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# THE EXPLOSIVE SUBSTANCES ACT, 1908

 ACT NO. 6 OF 1908[1]

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



[8th June, 1908.]


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[(2) It extends to the whole of India 3*** and applies also to citizens of India 4[outside India].]

5[2. Definition.—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 (mixture 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 other substance and a combination
thereof which the Central Government may, by notification in the Official Gazette, specify
or the purposes of this Act.

**3. Punishment for causing explosion likely to endanger life or property.—Any person who**

unlawfully and maliciously causes by—

(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 (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 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.

**4. 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—**

(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

1. This Act has been extended to—

Goa, Daman and Diu with modifications _by_ Reg. 12 of 1962, s. 3 and Sch., (w.e.f. 1-2-1965) and comes
into force in Pondicherry vide Reg. of 1963, s. 3 and First Schedule (w.e.f. 1-10-1963);
and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1 (w.e.f. 1 -7-1965):
the whole of territory of Lakshadweep _tide Keg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967):_
the State of Sikkim tide Notification No. G.S.R. 201, dated 30-1-1976 (w.e.f. 1-2-1976):

2. Subs. by the A.O. 1950, for sub-section (2).
3. The words and letter “except Part B States” omitted by Act 3 of 1951, s. 3 and the Schedule.
4. Subs. by s. 3 and the Schedule, ibid., for “wherever they may be”.
5. Subs. by Act 54 of 2001, s. 2, for sections 2 to 5 (w.e.f. 1-2-2002).

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(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.

**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 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.]

**6. Punishment of abettors.—Any** person who by the supply 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 [1]*** the [2][District Magistrate].

1. The words “the L.G. or” rep. by the A.O. 1937.
2. Subs. by Act 54 of 2001, s. 3, for “Central Government” (w.e.f. 1-2-2002).

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