BNS Section 113 – Offence of terrorist act
IPC Section – New Provision
Offence of terrorist act
(1) A person is said to have committed a terrorist act if he commits any act in India or in any foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order by doing an act,
(i) using bombs, dynamite or any other explosive substance or inflammable material or firearms or other lethal weapons or poison or noxious gases or other chemicals or any other substance (whether biological or otherwise) hazardous in nature in such a manner so as to create an atmosphere or spread a message of fear, to cause death or serious bodily harm to any person, or endangers a person’s life;
(ii) to cause damage or loss due to damage or destruction of property or disruption of any supplies or services essential to the life of the community, destruction of a Government or public facility, public place or private property;
(iii) to cause extensive interference with, damage or destruction to critical infrastructure;
(iv) to provoke or influence by intimidation the Government or its organisation, in such a manner so as to cause or likely to cause death or injury to any public functionary or any person or an act of detaining any person and threatening to kill or injure such person in order to compel the Government to do or abstain from doing any act, or destabilise or destroy the political, economic, or social structures of the country, or create a public emergency or undermine public safety;
(v) included within the scope of any of the Treaties listed in the Second Schedule to the Unlawful Activities (Prevention) Act, 1967.
(2) Whoever, attempts to commit or commits an offence of terrorist act shall,
(i) if such offence has resulted in the death of any person, be punishable with death or imprisonment for life without the benefit of parole, and shall also be liable to fine which shall not be less than rupees ten lakhs;
(ii) in any other case, 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 which shall not be less than rupees five lakhs.
(3) Whoever, conspires, organises or causes to be organised any organisation, association or a group of persons for terrorist acts, or assists, facilitates or otherwise conspires to engage in any act preparatory to any terrorist 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 which shall not be less than rupees five lakhs.
(4) Any person, who is a member of terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than rupees five lakhs.
(5) Whoever, intentionally harbours or conceals or attempts to harbour or conceal any person who has committed an offence of any terrorist act shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than rupees five lakh:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
(6) Whoever, holds any property directly or indirectly, derived or obtained from commission of terrorist act or proceeds of terrorism, or acquired through the terrorist fund, or possesses, provides, collects or uses property or funds or makes available property, funds or financial service or other related services, by any means, to be used, in full or in part to carry out or facilitate the commission of any terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees five lakhs and such property shall also be liable for attachment and forfeiture.
Explanation
For the purposes of this section, (a) “terrorist” refers to any person who
(i) develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives, or releases nuclear, radiological or other dangerous substance, or cause fire, floods or explosions;
(ii) commits, or attempts, or conspires to commit terrorist acts by any means, directly or indirectly;
(iii) participates, as a principal or as an accomplice, in terrorist acts;
(b) the expression “proceeds of terrorism” shall have the same meaning as assigned to it in clause (g) of section 2 of the Unlawful Activities (Prevention) Act, 1967;
(c) “terrorist organisation, association or a group of persons” refers to any entity owned or controlled by any terrorist or group of terrorists that
(i) commits, or attempts to commit, terrorist acts by any means, directly or indirectly;
(ii) participates in acts of terrorism;
(iii) prepares for terrorism;
(iv) promotes terrorism;
(v) organises or directs others to commit terrorism;
(vi) contributes to the commission of terrorist acts by a group of persons acting with common purpose of furthering the terrorist act where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act; or
(vii) is otherwise involved in terrorism; or
(viii) any organisation listed in the First Schedule to the Unlawful Activities (Prevention) Act, 1967 or an organisation operating under the same name as an organisation so listed.
Key Points on BNS-113: Terrorist Acts
Definition of a Terrorist Act
A person commits a terrorist act if they engage in actions intending to:
- Threaten the unity, integrity, and security of India.
- Intimidate the public or disturb public order through various means, including:
- Use of Weapons: Employing explosives, firearms, or hazardous substances to create fear or cause harm.
- Property Damage: Destruction of property or disruption of essential services.
- Interference with Critical Infrastructure: Targeting vital facilities necessary for public safety and community life.
- Intimidation of Government: Influencing government or public functionaries through threats to destabilize political, economic, or social structures.
- International Treaties: Actions covered under treaties listed in the Second Schedule of the Unlawful Activities (Prevention) Act, 1967.
Intent Requirement
The law emphasizes that the intent to threaten national security or public safety is crucial for classifying an act as terrorism.
Impact on Society
Terrorist acts create a heightened sense of vulnerability and disrupt social harmony, undermining trust in public safety.
Punishments
- For Fatal Acts:
- If a terrorist act results in death, offenders face death or life imprisonment without parole, along with a minimum fine of ten lakhs.
- For Non-Fatal Acts:
- Other terrorist acts carry imprisonment from five years to life imprisonment, with fines starting at five lakhs.
- Conspiracy and Organization:
- Individuals who conspire, organize, or attempt terrorist acts face similar penalties to those committing direct offenses.
Membership and Support
- Membership in Terrorist Organizations:
- Individuals involved in such groups can face life imprisonment and fines.
- Harboring Offenders:
- Concealing or harboring terrorists carries a punishment of three years to life imprisonment, with fines starting at five lakhs (except for spouses of offenders).
- Financial Crimes Related to Terrorism:
- Holding or using property derived from terrorist activities is punishable by life imprisonment and fines, with such property subject to attachment and forfeiture.
Comprehensive Framework
BNS-113 establishes clear definitions and severe penalties to combat terrorism effectively, prioritizing public safety and security. It aims to deter terrorist activities through accountability for direct acts, organizational involvement, and supporting structures.
Prevention and Deterrence
Severe penalties aim to prevent potential terrorists and their supporters from engaging in or facilitating terrorism.
International Cooperation
References to international treaties highlight India’s commitment to global efforts in combating terrorism.
Support Structures
The law addresses not only direct acts of terrorism but also the infrastructure that supports it, including funding and resources.
Details of the Offense
- Offense: Terrorist act resulting in the death of any person
Punishment: Death or imprisonment for life and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: In any other case
Punishment: Imprisonment for not less than 5 years but which may extend to life imprisonment, with a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Conspiring, attempting, abetting, etc., or knowingly facilitating the commission of a terrorist act
Punishment: Imprisonment for not less than 5 years but which may extend to life imprisonment, with a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Organising camps, training, etc., for commission of terrorist acts
Punishment: Imprisonment for not less than 5 years but which may extend to life imprisonment, with a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Being a member of an organisation involved in terrorist acts
Punishment: Imprisonment for life and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Harbouring, concealing, etc., any person who committed a terrorist act
Punishment: Imprisonment for not less than 3 years but which may extend to life imprisonment, with a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
- Offense: Possessing property derived or obtained from the commission of a terrorist act
Punishment: Imprisonment for life and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
BNS-113 ensures a comprehensive legal response to terrorism, reflecting a zero-tolerance policy and prioritizing public safety, accountability, and international cooperation in combating terrorism.
