Explosives Act, 1884

Why in News ? On 9 Sep, 2024 night a deliberate attempt was made to derail the Kalindi Express by placing a gas cylinder on the route. The FIR has been lodged against some unidentified people under Bhartiya Nyaya Sanhita sections 287,125 and provisions of explosive act, 1884.

About Explosives Act, 1884:

• The Explosives Act of 1884 is a legislation enacted by the British colonial government in India, primarily aimed at regulating the manufacture, storage, possession, use, sale, import, and export of explosives. The Act was later amended several times to accommodate technological advancements and changing safety standards.
• The Explosives Act of 1884 empowers designated authorities to conduct inspections of premises where explosives are stored or used to ensure compliance with safety regulations. It also outlines penalties for violations of the Act, which may include fines and imprisonment.
• The Act applies to various types of explosives, including gunpowder, dynamite, nitroglycerin, and other similar substances.
• It lays down safety standards and procedures to prevent accidents and mishaps related to explosives. This includes guidelines for handling, transportation, and storage of explosives to minimise the risk of accidents.
• Over the years, the Explosives Act has been amended to address emerging challenges and technological advancements. These amendments often focus on enhancing safety standards, improving regulatory mechanisms, and updating definitions to encompass new types of explosives.

About the draft Explosives Bill, 2024:

• The government is planning to introduce the draft Explosives Bill, 2024, as a replacement for the Explosives Act, 1884, which it aims to revoke.
• According to a report in a document open for public consultation, the Department for Promotion of Industry and Internal Trade (DPIIT) has proposed raising fines for violation of regulations and enhancing the efficiency of licensing procedures.
• Explosives encompass gunpowder, nitroglycerin, nitroglycol, dinitrotoluene, and picric acid.
• According to the proposed Explosives Bill 2024, the Union government will designate the authority responsible for granting, suspending, or revoking licences, as well as carrying out other specified functions under the new legislation.
• Currently, the Petroleum and Explosives Safety Organisation (PESO) operating under the DPIIT is the regulatory body responsible for issuing licences for the manufacture, possession, use, sale, import, and export of any explosive material.
• The proposed bill also suggests that the licensing authority would specify in the licence the quantity of explosives that a licensee can manufacture, possess, sell, transport, import, or export, for a specified period, as prescribed.
• Under the provisions of the draft bill, if a licensee engages in manufacturing, importing, or exporting in violation of any regulations, they may face imprisonment for up to three years, a fine of Rs 1,00,000, or both. In contrast, the current Explosives Act stipulates a prison term of three years and a fine of Rs 50,000 for such violations.
• Under the provisions of the new bill, if someone is found in possession, using, selling, or transporting any explosive in violation of the regulations, they may face imprisonment for up to two years, a fine of Rs 50,000, or both. In the current legislation, the fine stands at Rs 3,000.