Explosive Law in Nepal: Regulations, Provisions, and Penalties

The Muluki Penal Code, 2074 (2017), incorporates legal provisions that regulate the use, possession, manufacturing, and distribution of explosives in Nepal. These laws aim to safeguard public safety and national security by preventing the misuse of explosive materials that could cause harm to individuals, property, or the environment. Explosives include substances or devices capable of causing explosions, such as bombs, grenades, and other materials used for destructive purposes.

Under the Penal Code, it is a criminal offence to illegally manufacture, possess, store, transport, or use explosives without proper authorization. The law particularly focuses on preventing the use of explosives in acts of terrorism, sabotage, or criminal activities that threaten public order. Individuals found guilty of such offences face severe legal consequences, including imprisonment, fines, or both, depending on the gravity of the act.

Furthermore, the law emphasizes the responsibility of individuals and organizations to handle explosive materials only with appropriate legal permits and under regulated conditions. By criminalizing unauthorized explosive-related activities, the Penal Code plays a vital role in maintaining public peace and national security. These provisions work alongside other security laws and regulations to combat violence, ensure law enforcement, and protect life and property in Nepal.

Definition

Explosives

"Explosives” means I.E.D., T.N.C. Amatol, Barotol, Pentolite, rapid detonative explosive (RDX), tore fex, blastic explosives, dynamite, gun powder, nitroglycerin, gelignite, stemite, selsite, detonator, blastic cap, electronic blastic cap, fuse, fireworks, cracker, gun cotton, gun powder, ballistic powder, mercury or fullunet made of any other metal, any other explosive substance of similar nature, which is capable of exploding and causing loss, or any substance so specified by the Government of Nepal by a notification in the Nepal Gazette, and this term also includes a bomb.

Bomb

"Bomb" means a grenade so made of any explosive or any means, formula, process or measure as to self detonate or detonate with the help of other substance, or other object containing explosive or substance of similar nature.

High explosives

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

Low explosives

"Low explosives" means blastic powder, gunpowder, gun cotton, mercury or fullunet made 87 of any other metal and other explosive of similar nature.

Ordinary explosives

"Ordinary explosives" means detonator, blasting cap, electronic blasting cap, fuse, firework, cracker and other explosives of similar nature.

Prohibition of the transaction of explosives ( Muluki Penal Code, Sec 139)

Nepal’s Muluki Penal Code strictly regulates the handling of explosives to ensure public safety and national security. According to the law, no individual is allowed to transact explosives, such as selling, storing, using, transporting, or importing them, without a valid license. Even when a license is obtained, one must adhere strictly to its terms and conditions. The term “transaction” broadly includes procurement, sale, retention, use, stockpiling, storage, transport, alteration, mixing, and export or import of explosives.

Violating these provisions carries serious legal consequences, with penalties varying based on the type of explosive involved. These legal measures are intended to prevent the misuse of explosive materials, particularly in criminal or terrorist activities. By enforcing strict controls, the law aims to protect public safety and maintain peace, while ensuring that explosive substances are used only under lawful and regulated circumstances.

Punishment

• High explosives- Imprisonment for up to ten years and a fine of up to one hundred thousand rupees.
• Low explosives- Imprisonment and a fine of up to fifty thousand rupees.
• Ordinary explosives- Imprisonment of up to three years and a fine of up to thirty thousand rupees.

Prohibition of making or using artificial explosives:( Muluki Penal Code, Sec 140)

Nepal’s Muluki Penal Code prohibits the misuse of ordinary consumable goods by converting them into explosive devices. According to the law, no individual is allowed to alter or modify any goods intended for public use, such as food, beverages, or other everyday items, by changing their physical or chemical properties through any method or formula, to use them as bombs or explosives. This includes changing the form, structure, or composition of such goods in a way that transforms them into harmful devices.

The provision is designed to prevent dangerous acts that disguise explosives as common consumables, posing serious threats to public safety. The law clearly criminalizes such manipulations to discourage the use of everyday items in violent or terror-related activities. This law serves to protect the public from hidden explosive threats disguised as harmless items.

Punishment

Imprisonment for up to three years, a fine of up to thirty thousand rupees, or both.

Prohibition of making land mines or laying explosives: ( Muluki Penal Code, Sec 141)

Nepal’s Muluki Penal Code strictly prohibits the act of placing explosives, inflammable substances, or electronic ambushes in public areas such as roads, buildings, bridges, tunnels, or any places used for public movement. The law also criminalizes actions that obstruct public utilities or endanger public safety through such means. This provision aims to prevent threats to life, property, and infrastructure by ensuring that public spaces remain free from explosive hazards or sabotage.

Additionally, if the act results in harm or damage to any person’s life, body, or property, the offender is subject to extra punishment under relevant laws, on top of the initial sentence. This law reinforces public safety by deterring the use of explosives or harmful devices in areas essential for public movement and daily activities.

Punishment

Imprisonment for up to ten years and a fine of up to one hundred thousand rupees.

Obligation to take care while importing, transporting or stockpiling explosives: ( Muluki Penal Code, Sec 142)

Nepal’s Muluki Penal Code strictly prohibits the act of placing explosives, inflammable substances, or electronic ambushes in public areas such as roads, buildings, bridges, tunnels, or any places used for public movement. The law also criminalizes actions that obstruct public utilities or endanger public safety through such means. This provision aims to prevent threats to life, property, and infrastructure by ensuring that public spaces remain free from explosive hazards or sabotage.

Additionally, if the act results in harm or damage to any person’s life, body, or property, the offender is subject to extra punishment under relevant laws, on top of the initial sentence. This law reinforces public safety by deterring the use of explosives or harmful devices in areas essential for public movement and daily activities.

Punishment

Imprisonment for up to ten years and a fine of up to one hundred thousand rupees.

Forfeiture of movable or immovable property related to offence: ( Muluki Penal Code, Sec 143)

This provision of the Muluki Penal Code mandates the forfeiture of all items involved in the commission of offences related to explosives. It includes explosives themselves, as well as any goods, equipment, instruments, or raw materials used in their production, preparation, or manufacturing. Additionally, any motor vehicle or means of transport used to carry such explosives, along with proceeds or profits gained from the production, preparation, or transaction of explosives, are also subject to forfeiture by the state.

However, an exception is provided: if the owner of the vehicle or means of transport can prove they had no knowledge of the explosives being transported, then their property shall not be confiscated. This clause aims to ensure that only those knowingly involved in illegal explosive activities are penalised, while protecting innocent parties. Overall, the law reinforces strict control over explosive materials and related resources to safeguard public safety and discourage unlawful handling or distribution.

Compensation

This provision mandates that if any person suffers harm to life or property due to offences committed under the chapter related to explosives, the offender must pay reasonable compensation to the victim. The compensation is intended to address the damage or loss caused by the unlawful act. It ensures that victims receive some form of justice and support beyond criminal punishment of the offender. This clause reinforces accountability by requiring perpetrators not only to face legal consequences but also to make amends to those harmed. It upholds the principle of victim-centred justice within Nepal's legal framework.

Statute of limitations

This provision outlines the statute of limitations for filing complaints under the explosives-related offences chapter of the Muluki Penal Code. For offences under Section 143, a complaint must be filed within three months from the date the offence occurred. For all other offences in this chapter, a complaint must be lodged within six months from the date the victim or concerned party became aware of the offence. This limitation ensures timely legal action and prevents indefinite delays in seeking justice. It promotes prompt reporting and resolution of cases while also ensuring fairness in legal proceedings.

The provisions related to explosives under the Muluki Penal Code, 2074 (2017) play a vital role in maintaining national security and protecting public welfare in Nepal. By criminalizing unauthorized manufacturing, possession, use, transport, and modification of explosive substances, the law sets a strong legal foundation against acts that pose risks to life, property, and public order. Strict punishments and clear definitions of high, low, and ordinary explosives help enforce accountability and deter criminal misuse. Additionally, special provisions such as the prohibition of turning consumable goods into explosives and placing landmines or ambushes in public areas highlight the Code's emphasis on preempting terror and sabotage. The law also ensures justice through mandatory compensation for victims and forfeiture of items related to explosive offences. Moreover, the inclusion of statutes of limitation promotes timely legal proceedings. Overall, these legal measures aim to safeguard citizens and uphold peace, reinforcing Nepal’s commitment to public safety and the rule of law.