ACT No. VI of 1908
(For Statement of Objects and
Reasons, see Gazette of India, 1908, Pt. V, p. 170, and for Proceedings in
Council, see ibid., Pt. VI, p. 128.
This Act has been declared to be in
force in Baluchistan by notification under
section 5 of the Scheduled Districts Act, 1874 (14 of 1874), see Gazette of
India, 1931, Pt. II‑A, p. 358;
It has been applied to,---
(i) Chittagong Hill-tracts by s. 2
of Bengal Reg. I of 1943.
(ii) Phulera in the Excluded Area of
Upper Tanawal to the extent the Act is applicable in the N.‑W.F.P.,
see N.‑W.F.P.
(Upper Tanawal ) (Excluded Area) Laws
Regulation, 1950).
It has also been extended to the
Excluded Area of Upper Tanawal other than Phulera by the N‑W,F,P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in
force in that area with effect from the 1st June, 1951, see N.‑W.F.P.
Gazette, Extraordinary, dated the Ist June, 1951.
It has also been extended to the
Leased Areas of Baluchistan, See the Leased Areas (Laws) Order, 1950 (G. C,, p.
3 of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of
India, 1937, Pt. I, p. 1499.)
[8th June, 1908]
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:---
1.
Short title and extent.--- (1) This Act may be called the
Explosive Substances Act, 1908.
(Subs. by the central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the
14th October, 1955), for the original sub‑section (2), as amended by A. O.,
1949.)[(2) It extends to the whole of Pakistan
2. Definition of “explosive substance”.--- In this Act 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.
3.
Punishment for causing explosion likely to endanger life or property.---
Any person who unlawfully and maliciously causes by 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 transportation for life or any shorter term, to
which fine may be added, or with imprisonment for a term which may extend to
ten years, to which fine may be added.
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 conspires to cause by an explosive
substance, an explosion in (Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with
effect from the 14th October, 1955), for “the Provinces and the capital of the
Federation” which had been Subs. By A.O., 1949 for “British
India ”. )[Pakistan
(b) makes or has in his possession
or under his control any explosive substance with intent by means thereof to
endanger life, or cause serious injury to property in (Subs. by the Central
Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with
effect from the 14th October, 1955), for "the Provinces and the Capital of
the Federation" which had been subs. by A. O., 1949, for "British
India".)[Pakistan], or to enable any other person by means thereof to
endanger life or cause serious injury to property in (Subs. by the Central Laws
(Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect
from the 14th October, 1955), for “the Provinces and the Capital of the
Federation” which had been subs. by A. O., 1949, for “British
India”.)[Pakistan]; 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 with transportation for a term which may extend to twenty years, to
which fine may be added, or with imprisonment for a term which may extend to
seven years, to which fine may be added.
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, 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 punishable with transportation for a term which may extend to
fourteen years, to which fine may be added, or with imprisonment for a term
which may extend to five years, to which fine may be added.
(For ss. 5A and 5B applicable to Bengal only, see the Bengal Criminal Law (Arms and
Explosives) Act, 1932 (Ben. 21 of 1932), s. 5, and the Bengal Criminal Law
Arndt. Act, 1934 (Ben. 7 of 1934), s. 5, respectively. These two sections
provide for enhanced punishment in certain cases.)
5-A. ---------------------
6.
Punishment of abettors.--- Any person who by the supply of
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 words “the L. G. or” omitted by A. O., 1937.)* * * the
(Subs. by A. O., 1964, Art. 2 and Sch., for "Central Government"
which had been subs. by A. O.,1937, for “G. G. in C.”.)[Provincial Government].
8. ----------
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