Punishment for certain offences
Section 9B of the Explosives Act, 1884 deals with punishment for certain offences. Whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules-- (a) manufactures, imports or exports any explosive shall he punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand The Act came into force on 01 Jul 1887.
1[9B. Punishment for certain offences.--(1) Whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules--
(a) manufactures, imports or exports any explosive shall he punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both;
(b) possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both; and
(c) in any other case, with fine which may extend to one thousand rupees.
(2) Whoever in contravention of a notification issued under section 6 manufactures, possesses or imports any explosive shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both; and in the case of importation by water, the owner and master of the vessel or in the ease of importation by air, the owner, and the master of the aircraft, in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with fine which may extend to five thousand rupees.
(3) Whoever,--
(a) manufactures, sells, transports, imports, exports or possesses any explosive in contravention of the provisions of clause (a) of section 6A; or
(b) sells, delivers or despatches any explosive in contravention of the provisions of clause (b) of that section, shall be punishable with imprisonment for a term which may extend to three years or with fine or with both; or
(c) in contravention of the provisions of section 8 fails to give notice of any accident shall be punishable,--
(i) with fine which may extend to five hundred rupees, or
(ii) if the accident is attended by loss of human life, withimprisonment for a term which may extend to three months or with fine or with both.]
Section 9B, The Explosives Act, 1884 (Act 4 of 1884).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 5 Power to make rules as to licensing of the manufacture, possession, use, sale, transport and import and Export of explosives
- s. 6 Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives
- s. 6A Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons
- s. 8 Notice of accidents
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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Kannur Fire Works Dealers Association v. Chief Controller of Explosives
Court's Decision & Legal Precedent
HC Final Order / Judgment order-1.pdf 2016-08-18 DATE VERIFIED (P.B. Suresh Kumar J.). Dealers licensed under Explosives Rules 2008 were prosecuted under IPC 286 and Explosives Act s.9B for possessing fireworks far in excess of the licensed quantity. Rule 16 excludes packing-box weight, but inability to re-weigh under Rule 16 does not make a seizure of multi-ton excess illegal. Court directed public-auction sale to LE-5/LE-3 licence holders rather than destruction. Map s.9B (the offence charged). Do not pad IPC 286.
On this section: s.9B punishes possession etc. in contravention of the Act/rules. A multi-ton excess over the licensed fireworks quantity sustains seizure and prosecution even if Rule 16 re-weighment (excluding packing boxes) was not completed; the stock may be auctioned to licence-holders (Kannur Fire Works, Ker HC).
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 9B
What have the courts held on Section 9B of the Explosives Act?
Kannur Fire Works Dealers Association v. Chief Controller of Explosives (18 Aug 2016) is the leading judgment on this section among those set out below: s.9B punishes possession etc. in contravention of the Act/rules. A multi-ton excess over the licensed fireworks quantity sustains seizure and prosecution even if Rule 16 re-weighment (excluding packing boxes) was not completed; the stock may be auctioned to licence-holders (Kannur Fire Works, Ker HC).
How do I find court cases under Section 9B of the Explosives 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: Explosives Act 1884 9B, section 9B Explosives Act 1884, section 9B of the Explosives Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kannur Fire Works Dealers Association v. Chief Controller of Explosives (18 Aug 2016).
What should I read with Section 9B of the Explosives Act, and has it changed?
Its own text turns on section 5 (Power to make rules as to licensing of the manufacture, possession, use, sale, transport and import and Export of explosives), section 6 (Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives), section 6A (Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons), section 8 (Notice of accidents), so none of them can safely be read on its own.
When did Section 9B of the Explosives Act come into force?
Section 9B of the Explosives Act, cited as Explosives Act 1884 9B, came into force on 01 Jul 1887, having been enacted on 26 Feb 1884. It is in force as at the date shown on this page.
Other sections of this Act
- 6E. Variation, suspension and revocation of licences528 words
- 4. Definitions431 words
- 9A. Inquiry into more serious accidents324 words
- 18. Procedure for making, publication and confirmation of rules322 words
- 9. Inquiry into accidents298 words
- 6F. Appeals297 words
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.