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Explosive Substances (Amendment) Act, 1987

                              Act No.21, 1987

An Act made to further amend the Explosive Substance Act, 1908

Wheras it is expedient to further amend the Explosive Substances Act, 1908 (VI of 1908), for the
purposes hereinafter appearing;

Now, therefore, it is herewith enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Explosive Substances
(Amendment) Act, 1987.
(2) It shall be deemed to have come into force on the 6th May, 1987 (22th Vaishakh, 1394).

2. Substitution of section 3 of Act VI of 1908.- For section 3 of the Explosive Substances Act,
1908 (VI of 1908), heretoafter referred to as the said Act, the following section shall be
substituted, namely:-

     "3. Punishment for causing explosion likely to endanger life, person or
     property.- Any person who unlawfully or maliciously causes by any explosive
     substance an explosion of a nature likely to endanger life or to cause serious injury to
     person or property shall, whether any injury to person or property has been actually
     caused or not, be punished with death, or with imprisonment for life, to which fine
     may be added, or with imprisonment for a term which may extend to ten years and
     shall not be less than five years, to which fine may be added.

     3A. Punishment for causing explosion with intent to commit offense.- Any
     person who causes by any explosive substance an explosion with intent to commit
     or, to enable any other person to commit, an offence punishable under any law for
     the time being in force shall, whether any offence has been actually committed or not,
     be punished with imprisonment for a term which may extend to seven years and shall
     not be less than three years, to which fine may be added".

3. Amendment of section 4 of Act VI of 1908.- In section 4 of the said Act,-

     (a) for the words "unlawfully and maliciously" the words "unlawfully or maliciously"
     shall be substituted.
     (b) for the words "injury to property", wherever they occur, the words "injury to
     person or property" shall be substituted.
     (c) for the words and sentence "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" the words "imprisonment for a term which may extend to
     twenty years and shall not be less than three years" shall be substituted.

4. Substitution of section 5 of Act VI of 1908.- For section 5 of the said Act the following
section shall be substituted, namely:-

     "5. Punishment for exploding, making or possessing explosives under
     suspicious circumstances.- Any person who explodes or 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 has exploded it for
     committing an offence or 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 exploded it or
     made it or had it in his possession or under his control for a lawful object, be
     punishable with imprisonment for a term which may extend to fourteen years and
     shall not be less than two years, to which fine may be added.".

5. Omission of section 7 of Act VI of 1908.- Section 7 of the said Act shall be omitted.

6. Repeal and savings.- (1) The Explosive Substances (Amendment) Ordinance, 1987
(Ordinance No.6 of 1987) stands herewith repealed.
(2) Notwithstanding such repeal, any act done, action taken or case settled under the said Act
amended by the said Ordinance shall be deemed to have been done, taken or settled under the
said Act amended by this Act.
[Published in Bangladesh Gazette, Extraordinary
Dated 24th June, 1987]

                              Act No.21, 1987

An Act made to further amend the Explosive Substance Act, 1908

Wheras it is expedient to further amend the Explosive Substances Act, 1908 (VI of 1908), for the
purposes hereinafter appearing;

Now, therefore, it is herewith enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Explosive Substances
(Amendment) Act, 1987.
(2) It shall be deemed to have come into force on the 6th May, 1987 (22th Vaishakh, 1394).

2. Substitution of section 3 of Act VI of 1908.- For section 3 of the Explosive Substances Act,
1908 (VI of 1908), heretoafter referred to as the said Act, the following section shall be
substituted, namely:-

     "3. Punishment for causing explosion likely to endanger life, person or
     property.- Any person who unlawfully or maliciously causes by any explosive
     substance an explosion of a nature likely to endanger life or to cause serious injury to
     person or property shall, whether any injury to person or property has been actually
     caused or not, be punished with death, or with imprisonment for life, to which fine
     may be added, or with imprisonment for a term which may extend to ten years and
     shall not be less than five years, to which fine may be added.

     3A. Punishment for causing explosion with intent to commit offense.- Any
     person who causes by any explosive substance an explosion with intent to commit
     or, to enable any other person to commit, an offence punishable under any law for
     the time being in force shall, whether any offence has been actually committed or not,
     be punished with imprisonment for a term which may extend to seven years and shall
     not be less than three years, to which fine may be added".

3. Amendment of section 4 of Act VI of 1908.- In section 4 of the said Act,-

     (a) for the words "unlawfully and maliciously" the words "unlawfully or maliciously"
     shall be substituted.
     (b) for the words "injury to property", wherever they occur, the words "injury to
     person or property" shall be substituted.
     (c) for the words and sentence "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" the words "imprisonment for a term which may extend to
     twenty years and shall not be less than three years" shall be substituted.

4. Substitution of section 5 of Act VI of 1908.- For section 5 of the said Act the following
section shall be substituted, namely:-

     "5. Punishment for exploding, making or possessing explosives under
     suspicious circumstances.- Any person who explodes or 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 has exploded it for
     committing an offence or 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 exploded it or
     made it or had it in his possession or under his control for a lawful object, be
     punishable with imprisonment for a term which may extend to fourteen years and
     shall not be less than two years, to which fine may be added.".

5. Omission of section 7 of Act VI of 1908.- Section 7 of the said Act shall be omitted.

6. Repeal and savings.- (1) The Explosive Substances (Amendment) Ordinance, 1987
(Ordinance No.6 of 1987) stands herewith repealed.
(2) Notwithstanding such repeal, any act done, action taken or case settled under the said Act
amended by the said Ordinance shall be deemed to have been done, taken or settled under the
said Act amended by this Act.