Section 113 Terrorist act of the Bharatiya Nyaya Sanhita (BNS)

Section 113 Terrorist act of the Bharatiya Nyaya Sanhita (BNS)

CHAPTERVI OF OFFENCES AFFECTING THE HUMAN BODY

Section 113 Terrorist act

(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 of Section 113 Terrorist act of the Bharatiya Nyaya Sanhita

1. Whoever commits a terrorist act:

1. With the intent to:
   • Threaten the unity, integrity, sovereignty, or security of India.
   • Strike terror among people in India or any foreign country.
2. Through any of the following means:
   • Use of explosives, firearms, chemicals, or hazardous substances (e.g., biological, nuclear, or radioactive).
   • Causing death, injury, or destruction of property.
   • Disrupting essential supplies/services.
   • Counterfeiting currency to harm India’s monetary stability.
   • Targeting defence-related properties.
3. Other acts of terror:
   • Overawing public functionaries using criminal force.
   • Kidnapping or abduction to coerce governments or organisations.

Ingredients of the Offence Terrorist act of the Bharatiya Nyaya Sanhita

To constitute a terrorist act under Section 113:

1. Intent: Threatening India’s security, integrity, or sovereignty.
2. Action: Using lethal means, damaging property, counterfeiting currency, etc.
3. Impact: Causing death, injury, or significant disruption.

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; 

A public functionary refers to constitutional authorities like the President, Prime Minister, judges, or anyone officially notified by the Central Government.

Illustration: Targeting a judge during a hearing to intimidate the judiciary qualifies as a terrorist act.

(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. 

Counterfeit Indian Currency
Counterfeit currency refers to fake notes or coins that imitate essential security features of genuine Indian currency. The declaration is made by a certified forensic authority.

Illustration: Circulating high-quality fake ₹500 notes to destabilize India’s economy would come under this offence.

Punishment for Terrorist act of the Bharatiya Nyaya Sanhita

(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. 

(a) If the act results in the death of any person

• Punishment:
  • Death penalty
  • Or Life imprisonment
  • And fine

Example: A terrorist attack resulting in civilian casualties (e.g., bomb blasts in public places).

(b) In any other case

• Punishment:
  • Imprisonment: Minimum 5 years, which may extend to life imprisonment.
  • Fine: Additionally liable to pay a fine.

Example: Acts like damaging essential public infrastructure without causing death.

(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

Punishment for Conspiring, Abetting, Advocating, or Facilitating a Terrorist Act [Sub-section (3)]

• Punishment:
  • Imprisonment: Minimum 5 years, which may extend to life imprisonment.
  • Fine: Liable to fine in addition.

Example: A person helping terrorists by providing them logistics or funds to carry out attacks.

(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. 

Punishment for Organizing Training Camps or Recruiting for Terrorist Acts [Sub-section (4)]

• Punishment:
  • Imprisonment: Minimum 5 years, which may extend to life imprisonment.
  • Fine: Liable to fine.

Example: Organising a camp to train individuals in making explosives for terrorist purposes.

(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. 

Punishment for Membership in a Terrorist Organization [Sub-section (5)]

• Punishment:
  • Imprisonment: Up to life imprisonment.
  • Fine: Liable to fine.

Example: Being an active member of a banned terrorist organization involved in subversive activities.

(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. 

Punishment for Harboring or Concealing a Terrorist [Sub-section (6)]

• Punishment:
  • Imprisonment: Minimum 3 years, which may extend to life imprisonment.
  • Fine: Liable to fine.

Proviso: This provision does not apply if the harborer is the spouse of the offender.

Example: Providing shelter to a known terrorist.

(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.

Punishment for Possession of Terrorist Property [Sub-section (7)]

• Punishment:
  • Imprisonment: Up to life imprisonment.
  • Fine: Liable to fine.

Example: Possessing money or assets obtained through terrorist activities, such as funding from a foreign terrorist network.

READ MORE : Section 77 Voyeurism under Bharatiya Nyaya Sanhita

Section 61 Criminal conspiracy under The Bhartiya Nyaya Sanhita

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.

Role of Superintendent of Police (SP)

• Key Responsibility:
  An officer of the rank of Superintendent of Police (SP) or higher is empowered to decide whether a particular case involving terrorist activities should be registered under:
  • Section 113 of the BNS, or
  • Provisions of UAPA, 1967.

Why This Provision?

1. Avoid Jurisdictional Overlap:
   Both BNS Section 113 and UAPA deal with terrorist activities, but their focus differs:
   • BNS 113 provides specific penalties for various terrorist acts.
   • UAPA has broader provisions related to unlawful associations, terrorist organizations, and preventive measures.
2. Ensure Proper Application of Law:
   This ensures that cases are registered under the most appropriate legal framework based on the nature and severity of the terrorist act.
3. Authoritative Oversight:
   By involving a senior police officer, the provision ensures that a well-informed decision is made, preventing misuse or arbitrary application of anti-terror laws.

For instance:

If an individual is involved in a terrorist act such as organizing a bomb blast, the SP must decide whether the case should be prosecuted under Section 113 or under the UAPA, depending on the broader context of the act (e.g., if it is linked to an unlawful organization).

Comparison with IPC and UAPA Provisions

Comparison with IPC

Under the Indian Penal Code (IPC), similar provisions were scattered across various sections, notably in Sections 121-130 (waging war against India) and Section 489A-D (counterfeit currency). However, Section 113 of BNS consolidates and strengthens these provisions for more comprehensive coverage of terrorism-related offences.

Section 113 of the BNS vs. UAPA Provisions

a. Section 15 of the UAPA – Terrorist Act

Both BNS Section 113 and UAPA Section 15 cover acts that aim to disrupt the nation’s security, but:

• BNS specifically includes modern threats such as economic terrorism (e.g., counterfeiting Indian currency) and protection of government properties.
• UAPA emphasizes the aspect of membership and support of terrorist organisations, which is not as explicitly covered in BNS 113.

b. Section 16 of the UAPA – Punishment for Terrorist Acts

The punishment framework in Section 113(2) BNS aligns closely with UAPA Section 16 but explicitly provides penalties for related acts like harboring offenders and possessing property derived from terrorism.

c. Section 18 of the UAPA – Conspiracy

Section 113(3) BNS mirrors UAPA Section 18 but provides a similar range of punishment while consolidating conspiracy and abetment under a single provision.

d. Section 19 of the UAPA – Harbouring Terrorists

Section 113(6) BNS adopts a similar approach but provides a specific exception for the offender’s spouse, which UAPA does not.

e. Section 20 of the UAPA – Membership of Terrorist Organizations

Section 113(5) BNS covers similar ground but uses a broader terminology, penalizing members of any organization involved in terrorist acts, without needing a formal “terrorist” designation.

Key Differences

Important Case Laws

1. Yakub Memon v. State of Maharashtra (2013)
   Conviction under terrorism laws for involvement in the 1993 Mumbai blasts. The Supreme Court upheld the death penalty due to the gravity of the offense.

2. Kartar Singh v. State of Punjab (1994)

• Relevance: Highlighted the importance of stringent anti-terror laws.
• Observation: Upheld constitutional validity of similar provisions in TADA (now applicable under UAPA and BNS).

3. Mohd. Arif v. State of NCT of Delhi (2014)

• Relevance: Case under Section 121 IPC for waging war, with discussions about terrorism and severe penalties.
• Comparison: Terrorism covered under both IPC and UAPA had limited scope, now widened under Section 113 BNS.

4. Kedar Nath Singh v. State of Bihar (1962)

• Relevance: Addressed sedition laws under IPC.
• Comparison: While sedition relates to speech, BNS 113 focuses on physical acts threatening national security.

FAQs

Q1: What constitutes a terrorist act under BNS Section 113?
A terrorist act involves acts aimed at threatening India’s unity, integrity, or causing terror, often involving lethal means like explosives or biological agents.

Q2: What is the punishment for harboring a terrorist?
Imprisonment from 3 years to life, with a fine (except when done by the offender’s spouse).

Q3: How does counterfeit currency harm national security?
It undermines monetary stability and may fund illegal activities like terrorism.

Q4: Is targeting a defence property a terrorist act?
Yes, targeting defence properties to harm India’s security qualifies as a terrorist act under this section.

Q5: Can a member of a terrorist organization be punished under this section?
Yes, membership alone can attract life imprisonment.

Q6.What is Section 113 of the BNS Act?

Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023, prescribes punishment for acts of terrorism. It outlines penalties for committing, conspiring, facilitating, or supporting terrorist activities, with punishments ranging from imprisonment for a minimum of 3 years to life imprisonment or even death, depending on the severity of the act.

Q7.What is a Terrorist Act in BNS?

A terrorist act under BNS refers to any action intended to threaten India’s unity, integrity, security, or sovereignty, or to terrorize its population. It includes causing death, damage to property, disrupting essential services, or using biological, nuclear, or chemical substances to cause harm.

READ MORE : Section 23 Admissibility of Confessions to Police Officers Under the Bharatiya Sakshya Adhiniyam (BSA)

Digital Arrest: A latest cyber crime in India