15. This Act may be called the Criminal Procedure Code Amendment Act, 1884; and it shall come into force on the first day of May, 1884.

Short title and commencement.

Act No. IV. of 1884.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
26TH FEBRUARY, 1884.

THE INDIAN EXPLOSIVES ACT, 1884.

An Act to regulate the manufacture, possession, use, sale, transport and importation of Explosives.

WHEREAS it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives; It is hereby enacted as follows:

Short title.

Local extent.

1. (1) This Act may be called the Indian Explosives Act, 1884; and

(2) It extends to the whole of British India.

2. (1) This Act shall come into force on such day as the Governor General in Council, by notification in the Gazette of India, appoints (a):

Commencement.

S. 2 (a).-The 1st July, 1887, is so appointed. G. G. 1887, p. 511.

92

(2) Provided that any notification or rule may be made under this Act 'x12 at any time after the passing thereof, but, except in the case of a notification under section 18, sub-section (2), shall not take effect until the Act comes into force.

2

3. On and from the day on which this Act comes into force, section/x/895
seven, clause (o), and sections twenty-eight
to thirty-four (both inclusive), of the Indian
Ports Act, 1875, shall be repealed.

Repeal of portions of Act XII. of 1875.

Definitions.

(1) "explosive".

4. In this Act, unless there is something repugnant in the subject or context,―

(a) means gunpowder, nitro-glycerine, dynamite, gun-cotton,
blasting powders, fulminate of mercury or of other metals,
coloured fires and every other substance, whether similar to
those above-mentioned or not, used or manufactured with a
view to produce a practical effect by explosion, or a pyro-
technic effect; and

(b) includes fog-signals, fireworks, fuzes, rockets, percussion-caps,
detonators, cartridges, ammunition of all descriptions, and

every adaptation or preparation of an explosive as above
defined:

(2) "manufacture" includes the process of dividing into its component parts, or otherwise breaking up or unmaking, any explosive, or making fit for use any damaged explosive, and the process of re-making, altering or repairing any explosive:

(3)" vessel" includes every ship, boat and other vessel used in navigation, whether propelled by oars or otherwise:

(4) "carriage" includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, in whatever manner the same may be propelled:

(5) "master" includes every person (except a pilot or harbour-master) having for the time being command or charge of a vessel: provided that, in reference to any boat belonging to a ship, "master shall mean the master of the ship:

(6) "import" means to bring into British India by sea or land.

5. (1) The Governor General in Council may for any part of British India, and each Local Government, with the previous sanction of the Governor General in Council, may for any part of the territories under its administration, make rules consistent

Power to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives.

8. 5.-For the general rules made by the Governor General in Council, see G. G. 1887, p. 511; Ib. 1888, p. 649.

For the rules made by the Bombay Government for the cities of Bombay and Karachi, see G. G. 1887, p. 559.

with this Act to regulate or prohibit, except under and in accordance with the conditions of a license granted as provided by those rules, the manufacture, possession, use, sale, transport and importation of explosives, or any specified class of explosives.

(2) Rules under this section may provide for all or any of the following, among other matters, that is to say :

(a) the authority by which licenses may be granted;

(b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for licenses;

(c) the manner in which applications for licenses must be made, and the matters to be specified in such applications;

(d) the form in which, and the conditions on and subject to which, licenses must be granted;

(e) the period for which licenses are to remain in force; and

the exemption absolutely or subject to conditions of any explosives from the operation of the rules.

(3) The authority making rules under this section may by the rules impose penalties on all persons manufacturing, possessing, using, selling, transporting or importing explosives in breach of the rules, or otherwise contravening the rules:

Provided that the maximum penalty which may be imposed by any such rules shall not exceed―

(a) in the case of a person so importing or manufacturing an
explosive, a fine which may extend to three thousand rupees;

(b) in the case of a person so possessing, using or transporting an
explosive, a fine which may extend to one thousand rupees;
(c) in the case of a person so selling an explosive, a fine which
may extend to five hundred rupees;
and

(d) in any other case, two hundred rupees.

6. (1) Notwithstanding anything in the rules under the last foregoing

Power for Governor General in Council to prohibit the manufacture, possession or importation of specially dangerous explosives.

section, the Governor General in Council may, from time to time, by notification in the Gazette of India,

(a) prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is

of so dangerous a character that, in the opinion of the Governor General in Council, it is expedient for the public safety to issue the notification; and

(b) cancel any notification under this section.

(2) The officers of sea customs at every port shall have the same power in respect of any explosive with regard to the importation of which a notification has been issued under this section and the vessel containing the explosive as they have for the time being in respect of any article the importation of which is prohibited or regulated by the law relating to sea customs (a) and the vessel containing the same; and the enactments for the time being in force relating to sea customs or any such article or vessel shall apply accordingly.

(3) Any person manufacturing, possessing or importing an explosive in contravention of a notification issued under this section shall be punished with fine which may extend to three thousand rupees, and, in the case of importation by water, the owner and master of the vessel in which the explosive is imported shall, in the absence of reasonable excuse, each be punished with fine which may extend to three thousand rupees.

7. (1) The Governor General in Council, or the Local Government with the previous sanction of the Governor General in Council, may make rules consistent with this Act authorizing any officer, either by

Power to make rules conferring powers of inspection, search, seizure, detention and removal.

name or in virtue of his office

(a) to enter, inspect and examine any place, carriage or vessel in which an explosive is being manufactured, possessed, used, sold, transported or imported under a license granted under this Act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, transported or imported in contravention of this Act or of the rules made under this Act;

(b) to search for explosives therein;

(c) to take samples of any explosive found therein on payment of the value thereof; and

(d) to seize, detain, remove and, if necessary, destroy any explosive

found therein.

(2) The provisions of the Code of Criminal Procedure(b) relating to searches under that Code shall, so far as the same are applicable, apply to searches by officers authorized by rules under this section.

Notice of accidents.

8. Whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any carriage or vessel either conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by explosion or by fire attended with loss of human life or serious injury to person or property, or of a description

8. 6 (2) (a).-See Act VIII. of 1878.

S. 7 (2) (b).—See Chapter VII. of Act X. of 1882,

usually attended with such loss or injury, the occupier of the place, or the master of the vessel, or the person in charge of the carriage, as the case may be, shall forthwith give notice thereof to the officer in charge of the nearest police-station.

9. (1) Whenever, in the opinion of a District Magistrate, Subdivisional Magistrate or any other Magistrate Inquiry into accidents. specially empowered by the Local Government in this behalf, an inquiry is necessary into the cause of any accident of the description mentioned in section 8, he may either himself make the inquiry or direct a Magistrate subordinate to himself to make the inquiry.

(2) Any Magistrate making an inquiry under this section shall, for the purposes of conducting the inquiry, have all the powers which he would have in holding an inquiry into an offence under the Code of Criminal Procedure.

(3) The powers conferred on a Magistrate by this section may in a Presidency-town be exercised by the Commissioner of Police as well as by any Magistrate specially empowered in this behalf under sub-section (1).

10. When a person is convicted of an offence punishable under this Act or the rules made under this Act, the Court Forfeiture of explosives. before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.

Distress of vessel.

11. Where the owner or master of a vessel is adjudged under this Act to pay a fine for an offence committed with, or in relation to, that vessel, the Court may, in addition to any other power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of the vessel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary. 12. Whoever abets, within the meaning of the Indian Penal Code, the commission of an offence punishable under Abetment and attempts. this Act, or the rules made under this Act, or attempts to commit any such offence and in such attempt does any act towards the commission of the same, shall be punished as if he had committed the offence.

13. Whoever is found committing any act for which he is punishable

Power to arrest without warrant persons committing dangerous offences.

under this Act or the rules under this Act, and which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or

any carriage, ship or boat, may be apprehended without a warrant by a