Nature of a Century Old Explosive Substances Law in Pakistan

Abstract

In this article attempts to study the nature of the Explosive Substances Act, 1908 (ESA ’08), as observed in Pakistan. The first part tells us as to how the term ‘Explosive Substance’ is defined. The second part highlights the essential elements of the offence amounting to causing of an explosion by an explosive substance. The third part notes the essential elements of the offence amounting to an act or conspiracy with intention to cause explosion. The fourth part elaborates the essential elements of the offence amounting to possession or control with intention to cause explosion. This part also narrows down on the instances where the Pakistani Courts rejected prosecution cases on account of lack of intention to cause explosion even though possession was established.The fifth part describes the essential elements of the offence amounting to offence of making, possession or control of explosive substance with reasonable suspicion of an unlawful object. This part also particularly focuses on the burden of proof thresholds that apply to this offence, as well as the instances where the Pakistani Courts have rejected prosecution cases on account of absence of unlawful object.The sixth part elaborates the essential elements of the offence amounting to offence of procuring, counseling, aiding, or being an accessory to an offence under ESA ’08. The seventh part identifies the pre-trial procedural formalities as for the provincial government's approval before prosecution of case pertaining to explosive substances. Finally, the eight part constitutes the conclusion of the article.