Section 138: Prohibition of production of explosives

1) No person shall make, prepare or produce any explosives without obtaining a license or in a manner contrary to the terms and restrictions specified in the license, even if obtained.

Explanation: For the purposes of this Act:-

(a) “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.

(b) “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.

2) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to the following sentence:

(a) Imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees, in the case of high explosives,

(b) Imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees, in the case of low explosives,

(c) Imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees, in the case of ordinary explosives,

(d) Imprisonment for a term not exceeding two years and a fine not exceeding twenty thousand rupees, in the case of a person who produces, uses, retains or otherwise transacts any equipment, machinery or instrument for producing or manufacturing explosives.

Explanation: For the purposes of this Chapter, –

(1) “high explosives” means dynamite, nitroglycerin, TNC, gelignite, mornqtarlab, mercury fulminate, R.D.X., amatol, barotol, pentolite, stemite, selsightal, blastic explosive bomb and other explosive of similar nature.

(2) “low explosives” means blastic powder, gunpowder, gun cotton, mercury or fulminate made of any other metal and other explosives of similar nature.

(3) “ordinary explosives” means detonator, blasting cap, electronic blasting cap, fuse, firework, cracker and other explosives of similar nature.