#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. 
 
 
 
#THE EXPLOSIVE SUBSTANCES ACT, 1908 

##ACT NO. 6 OF 1908

[8th June, 1908.] 

An Act further to amen d 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.**—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 

  (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 the District Magistrate.