Punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property
Section 4 of the Explosive Substances Act, 1908 deals with 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 lo cause by an explosive substance or special category explosive substance, an explosion of a nature likely to endanger life or to cause se The Act came into force on 08 Jun 1908.
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 lo 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 endanger 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.
Section 4, The Explosive Substances Act, 1908 (Act 6 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Chandra Prakash vs State of Rajasthan
Court's Decision & Legal Precedent
In cases of criminal conspiracy, the prosecution need not prove express agreement between conspirators; the agreement may be proved by necessary implication from circumstances. When assessing approver evidence, courts must first apply a reliability test to determine if the approver is a trustworthy witness on the evidence itself, independent of corroboration. Only if the approver passes the reliability test does the second test apply, requiring corroboration in material particulars that connects the accused with the offense. Such corroboration must come from independent sources and may be direct or circumstantial in nature. Under Section 27 of the Indian Evidence Act, discovery of facts in consequence of information from an accused in custody is admissible if the information is credible and material discovery is effected; formal arrest is not necessary, only that the person be accused of an offense and in custody of a police officer. The broad definition of 'explosive substance' under the Explosive Substances Act, 1908 and 'explosive' under the Explosive Act, 1884 encompasses materials for making explosives; when such materials are possessed in conjunction with other explosive articles and components in large quantities, possession constitutes a criminal offense even without direct evidence of criminal intent if the circumstances demonstrate conscious possession for use in explosions. Sanction under Section 7 of the Explosive Substances Act, 1908 requires only 'consent' for subjective appreciation and can be granted by District Magistrate pursuant to delegation from Central Government; the sanctioning authority need not be examined as a witness if the sanction document is properly proven and shows application of mind.
On this section: Offense of making or possessing explosive substance with criminal intent
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Arsh @ Mohammad Kaif Khan vs The State of Madhya Pradesh
Court's Decision & Legal Precedent
When an accused in a serious case (involving communal violence and explosive substances) has already spent considerable time in pre-trial custody (approximately 22 months), and the trial is still ongoing with no imminent conclusion, continued judicial custody ceases to serve any legitimate purpose. Bail may be granted with conditions ensuring regular court appearance and prohibition of activities disrupting communal harmony, striking a balance between individual liberty and public order. The gravity of charges alone does not justify indefinite pre-trial detention if the detention itself is no longer proportionate to trial progress and the period already spent.
On this section: Added charge for attempted use of explosive materials during communal violence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 4
What have the courts held on Section 4 of the Explosive Substances Act?
Chandra Prakash vs State of Rajasthan (09 May 2014) is the leading judgment on this section among those set out below: Offense of making or possessing explosive substance with criminal intent. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2014 to 2024.
How do I find court cases under Section 4 of the Explosive Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Explosive Substances Act 4, section 4 Explosive Substances Act, section 4 of the Explosive Substances Act. People searching for it also type explosive substance act 4 and explosive substance act 4 5. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Chandra Prakash vs State of Rajasthan (09 May 2014).
When did Section 4 of the Explosive Substances Act come into force?
Section 4 of the Explosive Substances Act, cited as Explosive Substances Act 4, came into force on 08 Jun 1908, having been enacted on 08 Jun 1908. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.