EXPLOSIVE SUBSTANCE ACT, 1908 : Significance in Countering
Terrorism
INTRODUCTION
An explosive substance is a solid or liquid substance which is capable of causing a chemical
reaction which could produce gas at such a temperature and pressure and at such a speed so
as to cause damage to the surroundings. Therefore, looking at the harmful effect of such
substance, constituting legal provisions becomes necessary, thus, Explosive Substance Act,
19081 was formulated to protect our society. This act addresses and criminalises the
production, usage and possession of such explosive substances. A major change in the act
was the Explosive Substances (Amendment) Bill, 2001 2, which led changes to the existing
law by replacing sections 2 to 5 with new sections, and it also amends section 7 3 of the
principal Act, strengthening regulations and penalties related to explosive substances and
enhancing the security and safety surrounding these materials.
Terrorism, now a days has become a global phenomenon and India too is facing such
problem. It not only threatens the life, liberty and property of individuals but also jeopardizes
the social order and affect even economic fabric of the state and those ideals and practices
which give it its liberal character. The Constitution under Article 248 4 explain the term
terrorist act as “any act or thing by using bombs, dynamite or other explosive substances or
inflammable substances firearms or other lethal weapons or poisons or noxious gases or other
chemicals or any other substances (whether biological or otherwise) of a hazardous nature.”
This article thus delves into the significance of Explosive Substance Act, 1908 in countering
terrorism by briefly discussing various measures adopted by our government, judicial
developments, legislative amendments over the years and also a brief discussion over
significant acts which counters terrorism in our country.
1
Explosive Substances Act, 1908.
2
Explosive Substances (Amendment) Bill 2001.
3
Explosive Substances Act 1908, s 7.
4
Constitution of India, Article 248.
EVOLUTION OF LAWS RELATED TO TERRORISM IN INDIA
The Unlawful Activities (Prevention) Act of 1967 5 and the National Security Act of 1980 6 are
the major legislations in India to combat terrorism. Although the Act has been in practise
since 1967, the UAPA Amendment Act, 20047 introduced by the Indian Parliament, was the
first that established a particular Chapter that especially focused on prosecution against
terrorist actions. Terrorist and Disruptive Activities (Prevention) Act of 1987 (TADA) 8 and
the Prevention of Terrorism Act of 2002 (POTA) 9 were the primary laws that addressed
terrorist activities before the revision of the UAPA.
The National Investigation Agency Act, 200810 (‘NIA Act’) was enacted in the wake of the
terror attacks in Mumbai, with the objective of creating a federal investigative agency,
namely the National Investigation Agency (‘NIA’), for investigation of offences that can
cause severe threat to our national security. Falling under the jurisdiction of the Ministry of
Home Affairs, Government of India, the NIA is amongst the few federal-level investigative
agencies empowered to investigate and conduct prosecutions, which is a power ordinarily
vested with state governments.
The NIA (Amendment) Act 201911 was passed by the Parliament and received the
presidential assent in July 2019. The amendment expands the jurisdiction of the NIA
granting it authority to investigate offences that are committed outside Indian territory subject
to international treaties and domestic laws of other nations, which thus helped NIA to fight
against terrorism in cooperation with other countries and international organisations.
The Explosive Substance Act, 1908 helps in countering terrorism through its strict penal
provisions against harmful use of explosive substances penalising even up to life
imprisonment or death penalty. It mandates life imprisonment or a minimum of ten years in
prison, fines, or both for causing harm or endangering life/property with explosive
substances, with even harsher penalties, including the death penalty, for special category
explosive substances.
5
Unlawful Activities (Prevention) Act 1967.
6
National Security Act 1980.
7
Unlawful Activities (Prevention) Amendment Act 2004.
8
Terrorist and Disruptive Activities (Prevention) Act 1987 (TADA).
9
Prevention of Terrorism Act 2002 (POTA).
10
National Investigation Agency Act, 2008.
11
NIA (Amendment) Act 2019.
RECENT CASE LAW THAT COUNTERS TERRORISM
Union of India v K.A. Najeeb12
Facts: KA Najeeb was one of the co-accused along with other members of the Popular Front
of India. He has been reported of being involved in an incident, where a group chopped off
the hand of a Malayalam Professor, and hurled eplosive bombs at the bystanders. The
attackers perceived that the question paper framed by the Professor for this exam attacked his
religious sentiments by offending Prophet Mohammed and Allah. In order to inhibit fear and
panic in people who were present there during the mishappening, they were also throwing
country-made bombs, preventing them from intervening to assist the professor.
The accused was charged under various provisions of IPC, UAPA including section 3 13 of the
Explosive Substances Act for causing an explosion in the view of endangering life or
property.
While pleading for bail, it was observed that the gravity of the offences was serious and the
respondent might be a threat to society. However, considering the length of the period the
respondent had been in the custody court had no other option except releasing the respondent
on bail on the basis of the fundamental right to life and liberty0020guaranteed under Article
2114 of the Constitution.
However, Supreme Court in order to curb any such activity in future and ensuring
respondent’s fundamental rights grant him bail on certain conditions like giving attendance at
a local police station, and not to involve in any other criminal activity otherwise the bail will
stand rejected.
Therefore, Supreme Court of India acknowledged the importance of fundamental rights while
recognizing the gravity of the offenses and the harm that respondent could cause to our
society, thus to effecienly deal with terrorism, the Court opted for a middle ground by
granting bail under stringent conditions, illustrating a delicate balance in addressing terrorism
in a constitutional framework.
INTERNATIONAL MEASURES AGAINST TERRORISM
12
Union of India v. K.A. Najeeb, [2021] 3 SCC 713.
13
Explosive Substances Act 1908, s 7.
14
Constitution of India, Article 21.
An unofficial, apolitical, multinational counterterrorism (CT) forum, is the Global Counter
Terrorism Forum (here in after GCTF) that adds to the global framework for combating
terrorism. The Forum acknowledges the invaluable contributions of non-GCTF nations,
international and regional organisations, and civil society organisations, in addition to the
dedication of the 30 founding members of the GCTF. “Central to the Forum’s mission is the
promotion of a long-term approach to prevent and counter terrorism and the violent extremist
ideologies that uphold it. The GCTF develops non-binding good practices and tools for
policymakers to strengthen national strategies, action plans, and training modules.”15
The International Convention for the Suppression of the Financing of Terrorism, provides a
legal framework for countries to cooperate in prosecuting and extraditing terrorists. “The
objective of the International Convention for the Suppression of the Financing of Terrorism
(the Convention) is to strengthen international cooperation among States in developing and
adopting effective measures for the prevention of the financing of terrorism, as well as for its
suppression through the prosecution of its perpetrators.”16
CONCLUSION AND SUGGESTION
The Explosive Substances Act, 1908 is one of the vital legislations in criminalising
production, usage and possession of such explosive substances. UAPA Amendment Act,
2004 one of the major amendments in UAPA led to the formation of a specific chapter to
prosecute terrorist acts which not only threatens the life, liberty and property of individuals
but also jeopardizes the social order and economic fabric of the state.
The case Union of India v K.A. Najeeb17 effectively highlights the balanced approach of
judiciary to counter terrorism by granting bail to the respondent under stringent conditions,
however still at times judiciary fails to curb terrorism in order to protect our right to life and
liberty guaranteed under Article 2118 of the Constitution.
Terrorism has evolved significantly over the years. Terrorist organizations are employing
more complicated strategies, often exploiting legal and technological loopholes to carry out
15
<[Link] > accessed on 20th October,2023.
16
<[Link]
%20Suppression%20of%20the%20Financing%20of%[Link] > accessed on 20th October,2023.
17
Ibid.
18
Ibid.
their activities. Therefore, considering the increased threat of terrorism there is a dire need of
more strict regulations which ensures that terrorists are held accountable for their actions and
removed from society, preventing them from causing harm in future.
India could even engage in a collaboration with a diverse range of international organizations,
promoting the development of a stringent legal framework. This framework could in turn,
play a dynamic role in strengthening our efforts to counter terrorism on a global scale. By
actively participating in these collaborative initiatives, India can contribute to the
establishment of a holistic and harmonized approach to combat terrorism.
This cooperative approach will enable India to not only benefit from the cumulative
resources of the international community but also contribute to the evolution of global
counterterrorism efforts. By actively engaging with these organizations, India can help shape
a legal framework that is stringent and adaptable, which is essential for countering the ever-
evolving and increasingly complex challenges posed by terrorism in today's interconnected
world.