The Explosive Substances Act 1908
Act No. 6 Of 1908
Statement of Objects and Reasons :
Recent events have brought prominently to notice the inadequacy of the existing law to deal with crimes committed by means of explosive substances. The Indian Explosives Act, 1884, was framed to prevent accidents rather, than to prevent crime and its provisions are clearly inadequate to meet the present emergency. No sentence of imprisonment can be imposed under that Act and the maximum penalty is only a fine of three thousand rupees. The Indian Arms Act, 1878, though it applies to the possession of explosives as well as arms is also inadequate in respect of both of the penalties it allows and scope of its provisions for dealing promptly with preparations to manufacture bombs and other explosives. The Penal Code provides for the punishment of persons to cause hurt or mischief by means of explosive substances and it also deals with attempts to cause hurt or mischief but only when any act towards the commission of the offence is actually done. But it does not provide any penalty for making or possessing explosive substances with unlawful intent and it does not in other cases always provide such severe penalties as are requisite. The Governor-General-in-Council therefore considers it necessary to supplement the existing law by an Act on the lines of the English Explosive Substances Act, 1883, which was enacted for the express purpose of dealing with anarchist crimes. The Bill which has been drafted to give effect to this decision provides for the punishment of any person who causes an explosion likely to endanger life or property, or who attempts to cause such an explosion, or makes or has in his possession any explosive substance with intent to endanger life or property. It further makes the manufacture or possession of explosive substances for any other than a lawful object a substantive offence and throws on the person who makes or is in possession of any explosive substance the onus of proving that the making or possession was lawful. It also provides adequately for the punishment both of principals and accessories.
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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:
Section 1 :
Short title, extent and application :
(1) This Act may be called The Explosive Substances Act , 1908.
1.[(2) It extends to the whole of India 2.[***], and applies also to citizens of India 3.[outside India].]
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*. This Act has been extended to—
Goa, Daman and Diu with modifications by Reg. 12 of 1962, section 3 and Sch.; 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, section 2 and Sch. 1 (w.e.f. 1 -7-1965);
the whole of territory of Lakshadweep tide Keg. 8 of 1965, section 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);
1. Substituted by the A.O. 1950, for sub-section (2).
2. The words and letter "except Part B States" omitted by Act 3 of 1951, section 3 and the Schedule.
3. Substituted for "wherever they may be" by Act 3 of 1951, section 3 and the Schedule.
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