The Weapons of Mass Destruction and their Delivery Systems (Indian Law) - Indian Judiciary

Weapons of Mass Destruction

There is No Single, Authoritative definition of a WMD in international law.
In India – THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005 Regulates WMDs.
This Act also doesn’t define WMDs
Instead, IN Section 4, it Defines various WMDs such as –
“biological weapons“, “chemical weapons“ (“fissile material” and “radioactive material”- same meaning as in Atomic Energy Act, 1962)
United States Department of Homeland Security, “A weapon of mass destruction is a nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people.”

Internationally-

A number of multilateral treaties exist to outlaw several classes of WMDs, such as – Biological Weapons Convention(BWC) and the Chemical Weapons Convention(CWC).
Multilateral treaties targeting the proliferation, testing and achieving progress on the disarmament of nuclear weapons include the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Treaty on the Prohibition of Nuclear Weapons (TPNW), the Treaty Banning Nuclear Weapon Tests In The Atmosphere, In Outer Space And Under Water, also known as the Partial Test Ban Treaty (PTBT).
Several treaties also exist to prevent the proliferation of missiles and related technologies, which can be used as a vehicle to deliver WMD payloads. These treaties include theHague Code of Conduct(HCOC) and the Missile Technology Control Regime (MTCR).

THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005

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.
Unlawful Activities includes activities such as Manufacturing, Export, Transport, or Transfer Weapons of Mass Destruction, and their means of delivery.

Section 8 of the Act Prohibition relating to weapons of mass destruction.-

(1) No person shall unlawfully manufacture, acquire, possess, develop or transport a nuclear weapon or other nuclear explosive device and their means of delivery.
(3) No person shall unlawfully manufacture, acquire, possess, develop or transport a biological or chemical weapon or their means of delivery.

9. Prohibition relating to non-State actor or terrorist.-

No person shall, directly or indirectly, transfer to a non-State actor or terrorist, any material, equipment and technology notified under this Act or any other Act related to relevant activity.

14. Offences and penalties.-

Any person who contravenes, or attempts to contravene or abets, the provisions of section 8 or section 10 of this Act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
15. Punishment for aiding non-State actor or terrorist.-(1) Any person who, with intent to aid any non-State actor or terrorist, contravenes the provisions of section 9 of this Act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
20. Offences by companies.-
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Act, 2022.

Prohibition on financing.
“12A. (1) No person shall finance any activity which is prohibited under this Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act for the time being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and their delivery systems.
(2) For prevention of financing by any person of any activity which is prohibited under this Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act for the time being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and their delivery systems, the Central Government shall have power to—
(a) freeze, seize or attach funds or other financial assets or economic resources—
(i) owned or controlled, wholly or jointly, directly or indirectly, by such person; or
(ii) held by or on behalf of, or at the direction of, such person; or
(iii) derived or generated from the funds or other assets owned or controlled, directly or indirectly, by such person;
(b) prohibit any person from making funds, financial assets or economic resources or related services available for the benefit of persons related to any activity which is prohibited under this Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act for the time being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and their delivery systems.
3) The Central Government may exercise its powers under this section through any authority who has been assigned the power under sub-section (1) of section 7.”