Section 113 of Bharatiya Nyaya Sanhita (BNS) 2023:Terrorist act.
Terrorist act.Bharatiya Nyaya Sanhita 2023
(1) 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 threatening 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.For the purpose of this sub-section,
(a) “public functionary” means the constitutional authorities or any other functionary notified in
the Official Gazette by the Central Government as public functionary;
(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after
examination by an authorised or notified forensic authority that such currency imitates or
compromises with the key security features of Indian currency.
(2) Whoever commits a terrorist act shall,
(a) if such offence has resulted in the death of any person, be punished with death or
imprisonment for life, and shall also be liable to fine; (b) in any other case, be punished 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.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or
knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a
terrorist act, shall be punished 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.
(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist
act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be
punished 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.
(5) Any person who is a member of an organisation which is involved in terrorist act, shall be
punished with imprisonment for a term which may extend to imprisonment for life, and shall also be
liable to fine.
(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing
that such person has committed a terrorist act shall be punished 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:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by
the spouse of the offender.
(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist
act or acquired through the commission of any terrorist act shall be punished with imprisonment for a
term which may extend to imprisonment for life, and shall also be liable to fine.
Explanation.For the removal of doubts, it is hereby declared 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 (37 of 1967).