The Explosive Substances (Amendment) Act, 2001
ACT NO. 54 OF 2001
[11th December, 2001.]


An Act further to amend the Explosive Substances Act, 2001.



BE it enacted by Parliament in the Fifty-second Year of the Republic

of India as follows:-


1.
Short title and commencement.


1. Short title and commencement.-(1) This Act may be called the

Explosive Substances (Amendment) Act, 2001.



(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.


2.
Subbstitution of new sections for sections 2 to 5.


2. Substitution of new sections for sections 2 to 5.- In the

Explosive Substances Act, 1908 (6 of 1908.) (hereinafter referred to

as the principal Act), for sections 2 to 5, the following sections

shall be substituted, namely:-



'2. Definitions.- 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 explo ion 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 (L PE),

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 explosive and a combination the eof 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 for 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 mprisonment 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 impr sonment 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 to 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 ndanger 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 t 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, e 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.'.


3.
Amendment of section 7.


3. Amendment of section 7.- In section 7 of the principal Act, for

the words "Central Government", the words "District Magistrate" shall

be substituted.



SUBHASH C. JAIN,



Secy. to the Govt. of India.