Section 9 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
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: Provided that such transfer made to a non-State actor shall not include a transfer made as such to any person acting under lawful authority in India.
Summary
- No one is allowed to transfer notified materials, equipment, or technology to a non-State actor or a terrorist.
- This ban applies whether the transfer is done directly or indirectly.
- The materials covered are those formally listed (notified) under this law or any other law related to relevant activities.
- There is one exception: a transfer made to a non-State actor does not count as illegal if that person is actually acting under lawful authority in India.
Practical examples
FAQ
1. Can I sell restricted technology to a terrorist if I use a middleman?
No, the law strictly prohibits both direct and indirect transfers of notified material, equipment, and technology.
2. Does this law only cover materials listed in this specific Act?
No, it covers any material, equipment, and technology notified under this Act or any other Act related to relevant activity.
3. What if the person I am transferring items to is working for the Indian government but does not represent a foreign state?
The law provides an exception if the transfer is made to a person acting under lawful authority in India.
Test yourself
Q1.Under Section 9 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, who is it specifically illegal to transfer notified materials to?
Q2.Under Section 9 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, how does the law treat indirect transfers of technology?
Q3.Under Section 9 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, a transfer to a non-State actor is exempt from this prohibition if the person is acting under what condition?
Q4.Under Section 9 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, the materials and equipment prohibited from transfer must be what?
Q5.Section 8 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 prevents giving an actual nuclear weapon to anyone. How does Section 9 of The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 expand on keeping dangerous items away from specific bad actors?