BNS Section 113 : Terrorist Act
Section 113 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offence of a terrorist act, focusing on acts that cause or intend to cause widespread fear, destruction, or loss of life. This provision seeks to combat terrorism by criminalising acts of violence, sabotage, or coercion that threaten national security, public safety, or the sovereignty of the country.
Definition of BNS Section 113
Section 113 of th BNS 2023 States:
Whoever does any act with the intent to threaten or likely to threaten the
unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,––
(a) by using bombs, dynamite or other explosive substance or inflammable
substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause,—
(i) death of, or injury to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the
community in India or in any foreign country; or
(iv) damage to, the monetary stability of India by way of production or
smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or
(v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act, commit a terrorist act.
Explanation and Illustration of BNS Section 113
Explanation.—For the purposes of this subsection:
(a) 'Public functionary' refers to constitutional authorities or any other functionary designated by the Central Government in the Official Gazette as a public functionary;
(b) 'Counterfeit Indian currency' refers to currency that, after examination by an authorised or notified forensic authority, is found to replicate or compromise the key security features of Indian currency.
(2) Any person who commits a terrorist act shall:
(a) If the offence results in the death of any person, be punished with death or life imprisonment, and may also be liable to a fine;
(b) In any other case, be punished with imprisonment for not less than five years, which may extend to life imprisonment, and may also be liable to a fine.
(3) Anyone who plans, tries to commit, encourages, helps, advises, or knowingly supports a terrorist act, or prepares for one, can face at least five years in prison, possibly up to life, and may also have to pay a fine.
(4) Anyone who organises or runs a camp to train people for terrorist acts, or recruits people for terrorist acts, can face at least five years in prison, possibly up to life, and may also have to pay a fine.
(5) Anyone who is a member of a group involved in terrorist acts can face up to life in prison and may also have to pay a fine.
(6) Anyone who knowingly hides or helps someone who has committed a terrorist act can face at least three years in prison, possibly up to life, and may also have to pay a fine. This doesn’t apply if the person hiding them is their spouse.
(7) Anyone who knowingly has property gained from a terrorist act can face up to life in prison and may also have to pay a fine.
Explanation.—For clarification, it is hereby stated that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967.
Key Points in Section 113
Definition of Terrorist Act: A terrorist act involves actions that threaten India’s unity, integrity, and security, create fear, or disrupt public order. This includes:
Intent Requirement: The intent to endanger national security or public safety is necessary for an act to be classified as terrorism.
Impact on Society: Terrorism undermines public trust, increases fear, and disrupts social cohesion.
Punishments:
Membership and Support:
Comprehensive Framework: The law defines terrorism clearly and imposes severe penalties to deter and address such acts.
Public Safety Focus: Prioritizes protecting public safety and acknowledges the societal impact of terrorism.
Prevention and Deterrence: Severe penalties aim to prevent terrorist activities and support networks.
International Cooperation: Reflects India's commitment to global efforts against terrorism.
Support Infrastructure: Targets not just the terrorist acts but also the financial and logistical networks supporting terrorism.
Public Awareness: Encourages public vigilance against terrorist threats.
Judicial Process: Clear penalties ensure a structured judicial process for those involved in terrorism.
Forfeiture of Property: Aims to dismantle financial networks supporting terrorism by forfeiting linked assets.
Flexibility in Application: The law provides varying penalties based on the level of involvement, ensuring a tailored response.
Differences Between Section 113 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 113 of BNS and its equivalent IPC section focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 113 | Terrorist act. | - | Newly added section. |
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FAQs about Section 113 of the Bharatiya Nyaya Sanhita (BNS)
What happens if someone possesses property derived from terrorism?
Section 113 criminalises the possession of property derived from terrorist acts. Offenders face life imprisonment and fines, and such property is subject to attachment and forfeiture. This provision aims to disrupt financial networks supporting terrorism by seizing assets linked to terrorist activities.
How does Section 113 handle international treaties related to terrorism?
Section 113 incorporates provisions for actions covered under international treaties listed in the Second Schedule of the Unlawful Activities (Prevention) Act, 1967. This highlights India's commitment to global efforts in combating terrorism and cooperating with international anti-terrorism treaties.
What is the role of intent in classifying an act as terrorism?
The law requires that the intent behind an act be to threaten national security or public safety for it to be classified as terrorism. This emphasis on intent ensures that acts performed for political, economic, or social destabilisation are treated as terrorist activities.
How does Section 113 affect public safety?
By defining terrorist acts and imposing severe penalties, Section 113 directly impacts public safety by deterring terrorism. It recognises that terrorism creates a sense of vulnerability and social disruption, undermining public trust and safety, which the law seeks to protect.
How does the law deal with organisations involved in terrorism?
Section 113 holds terrorist organisations accountable for their actions, imposing penalties not only on individual perpetrators but also on organisations that support or engage in terrorism. This comprehensive approach aims to target the infrastructure behind terrorism and disrupt its operations.
What is the judicial process for individuals accused under Section 113?
The judicial process for individuals accused under Section 113 ensures that cases related to terrorism are handled by law enforcement and courts with clear definitions and penalties. It provides a structured process to ensure accountability for those involved in terrorist acts or supporting terrorism.
What is the importance of property forfeiture in Section 113?
Property forfeiture under Section 113 is a key tool for disrupting the financial infrastructure that supports terrorism. By allowing the attachment and forfeiture of assets derived from terrorism, the law aims to sever the financial links that sustain terrorist activities and organisations.
