Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

3. Extent and application.-

1.      It extends to the whole of India including its Exclusive Economic Zone.

2.      Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.

3.      Any person who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.

4.      The provisions of this Act shall also apply to –

a.      citizens of India outside India;

b.     companies or bodies corporate, registered or incorporated in India or having their associates, branches or subsidiaries, outside India;

c.      any ship, aircraft or other means of transport registered in India or outside India, wherever it may be;

d.     foreigners while in India;

e.      persons in the service of the Government of India, within and beyond India.

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5.      Notwithstanding the applicability of the provisions of any other Central Act relating to any activity provided herein, the provisions of this Act shall apply to export, transfer, re-transfer, transit and trans-shipment of material, equipment or technology of any description as are identified, designated, categorised or considered necessary by the Central Government, as pertinent or relevant to India as a Nuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, Covenant, Convention or arrangement relating to weapons of mass destruction or their means of delivery, to which India is a Party.

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