The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
Administered Ministry: Ministry of External Affairs
Act details
| Short title | The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 |
|---|---|
| Long title | An Act to prohibit unlawful activities, in relation to weapons of mass destruction and their delivery systems and for matters connected therewith or incidental thereto. |
| Act number | 21 of 2005 |
| Act year | 2005 |
| Enactment date | 6 Jun 2005 |
| Ministry | Ministry of External Affairs |
| Jurisdiction | Central (Parliament of India) |
| Sections | 28 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of the Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
Key Provisions
1. Definitions: - Covers Biological, Chemical, and Nuclear Weapons, Fissile Material, Radioactive Material, Non-State Actors, and Terrorists (referencing the Unlawful Activities Prevention Act, 1967).
2. Prohibitions: - Manufacture, Acquisition, Possession, and Transport of WMDs and their delivery systems.
• Transfer to Non-State Actors or Terrorists of specified materials, technology, or equipment.
• Intimidation using Fissile/Radioactive Material.
• Export for WMD Design/Manufacture.
• Brokering of Prohibited Transactions and Financing of Prohibited Activities.
3. Regulations: - Control over Export, Transfer, and Transit of notified items by the Central Government.
4. Penalties: - Imprisonment (5 years to Life) and Fines for violating core provisions (Sections 8, 9, 10).
5. Miscellaneous: - Rule Making Power with the Central Government.
• Good Faith Protection for actions taken under the Act.
Legislative history
Legislative History:
The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
Short Title The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
Act Number / Year Act No. 21 of 2005
Act ID (India Code) 200521
Presidential Assent Date June 6, 2005
Enforcement Date November 17, 2006
Nodal Ministry Ministry of External Affairs
Precedent & International Rationale
1. International Non-Proliferation Obligations:
o Enacted to fulfill India's international obligations under international conventions, treaties, and United Nations Security Council resolutions (such as UNSC Resolution 1540), ensuring that non-State actors and terrorists do not acquire weapons of mass destruction (WMD) or their means of delivery.
2. Integrated Export Controls:
o Prior to 2005, export controls over dual-use chemicals, biological agents, equipment, and technologies were governed across multiple fragmented laws and trade policies. The Act established a unified statutory regime to prohibit illicit transfers, re-transfers, trans-shipments, and brokering activities relating to WMDs.
Parliamentary Trajectory & Enactment
• Formulation: Developed jointly by the Ministry of External Affairs, Ministry of Defence, and the Department of Revenue to plug legal loopholes concerning the transit and export of sensitive dual-use technologies.
• Parliamentary Passage: Tabled, debated, and passed by both the Lok Sabha and the Rajya Sabha during the budget/monsoon sessions of Parliament in 2005.
• Presidential Assent: Received Presidential Assent on June 6, 2005, entering the statute book as Act No. 21 of 2005.
• Enforcement: Enforced on November 17, 2006.
• Source: Official Records of Parliament, India Code, and Ministry of External Affairs