Explosives Law in Nepal

(Offenses Relating to Explosives Chapter 7 Section 138-146)

Explosives Law in Nepal has been incorporated in the National Penal Code Chapter 7 on Offenses Relating to Explosives from Section 138 to Section 146. Similar to the Arms and Ammunition, several laws have been established to regulate or prevent the production and transaction of Explosives in Nepal.

Definition

Explosives

Explosives mean I.E.D., T.N.C., Amatol, Baratol, Pentolite, RDX, tore fex, ballistic explosives, dynamite, gunpowder, nitroglycerin, gelignite, stemite, selsite, detonator, ballistic cap, electronic ballistic cap, fuse, fireworks, cracker, gun cotton, gunpowder, ballistic powder, mercury, or any other metal-made fullunet, and any other similar explosive substance capable of causing an explosion or loss.

Bomb

On the other hand, a Bomb refers to a grenade made from any explosive or any means, formula, process, or measure designed to denotate through another substance in an explosive manner.

High Explosives

High Explosive denotes dynamite, nitroglycerin, TNC, gelignite mornqtarlab, mercury fullunet, R.D.X. amatol, barotol, pentolite, stemite, selsightal, blastic explosive bomb, and other similar explosives.

Low Explosives

Low Explosives denote blastic powder, gunpowder, gun cotton, mercury, or fullunet made of any other metal and other similar explosives.

Ordinary Explosives

Ordinary Explosives denote detonators, blastic caps, electronics blastic caps, fuse, fireworks, crackers, and other explosives.

List of Explosives Laws

Production of Explosives

Section 138 of the Offenses Relating to Explosives has prohibited the production of Explosives in Nepal except in accordance with the terms and conditions of the license.

The Section provides that no Individual can prepare or procure explosives without obtaining a license in Nepal. Moreover, Individuals with a license cannot exceed the Terms and Conditions specified by the License.

The Code has specified the following Sentences for illegal production of Explosives In Nepal:

(a) Up to ten years in prison and a fine of up to one hundred thousand rupees for high explosives.

(b) Up to five years in prison and a fine of up to fifty thousand rupees for low explosives.

(c) Up to three years in prison and a fine of up to thirty thousand rupees for ordinary explosives.

(d) Up to two years in prison and a fine of up to twenty thousand rupees for anyone exchanging or producing tools for Explosive production.

Transaction of Explosives

No Individual can transact explosives and other similar materials without a license in Nepal. Moreover, even if a license is obtained, one cannot violate the terms and restrictions specified in the license.

The Punishment specified for illegal transactions of Explosive in Nepal are:

(a) Up to ten years in prison and a fine of up to one hundred thousand rupees for high explosives.

(b) Up to five years in prison and a fine of up to fifty thousand rupees for low explosives.

(c) Up to three years in prison and a fine of up to thirty thousand rupees for ordinary explosives.

Making/Using Artificial Explosives

Section 140 of the National Penal Code has prohibited making or using Artificial Explosives in Nepal. It includes the modification of Ordinary Consumer Goods through Chemical Processes to use them as bombs or other Explosives.

If an Individual violates the prohibition of making or using Artificial Explosives in Nepal, they are liable to a prison term of up to three years or a fine of up to NPR 30,000 or both.

Land Mines

Land Mines or laying other forms of Explosives has been strictly forbidden in Nepal. The Law has prohibited placing Explosives, flammable substances, or electrical ambushes in Public Areas or obstructing Public Utilities.

If an Individual lays explosives or landmines in Nepal, they are liable to a sentence of Imprisonment not more than ten years and a fine not more than NPR 1,00,000.

If such land mines or explosives cause injury or harm to the life, body, or property of another individual, they are further liable to the sentence relevant to the harm caused.

Maintaining Records of Explosives

Individuals who have obtained licenses for the production or transportation and transaction of Explosives in Nepal must keep a regular record of the production and transaction.

The maintained records must be shown to the relevant competent Authority or Government Body or investigating authority when demanded. The Records of each transaction must include the following:

(a) Type, description, and quantity of the explosives produced, prepared, or manufactured.

(b) Purpose for which the explosives transaction was conducted, in the case of transactions.

(c) For sales and distribution of explosives, include the purchaser’s name, the purpose of the purchase, and the quantity sold or distributed.

An Individual who doesn’t maintain regular records is liable to the term of imprisonment for less than three months or a fine not more than NPR 5,000 or both.

Statute of Limitation

In General, the Statute of Limitation for registering a complaint for Explosive Law in Nepal is Six Months from the date of knowledge of Commission of these Offences. However, the Statute of Limitation for the lack of care of explosive while importing, transporting or stockpiling explosives is three months from the date of Commission of Offense.