Code: Exact Provision of Section 113
(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.
Explanation of Section 113 BNS (Terrorist Act)
What is a Terrorist Act?
A terrorist act under BNS Section 113 refers to any activity that:
✅ Threatens national security and public safety.
✅ Uses explosives, firearms, poison, or harmful substances to create mass destruction.
✅ Creates terror, disrupts government functions, or incites fear in the public.
✅ Destroys public property, essential infrastructure, or disrupts critical services.
✅ Encourages or funds terrorism-related activities.
Punishments under Section 113
- Committing a terrorist act → 5 years to life imprisonment + fine.
- If death occurs → Death penalty or life imprisonment + fine.
- Supporting, funding, recruiting for terrorism → 5 years to life imprisonment + fine.
- Membership in a terrorist organization → Up to life imprisonment + fine.
- Harboring a terrorist → Up to life imprisonment (except for spouses).
- Possessing property obtained from terrorist activities → Up to life imprisonment + fine.
Legal Requirement: Cases under Section 113 BNS can only be registered with the approval of a Superintendent of Police (SP) or a higher authority.
Illustrations: Real-Life Examples of Section 113 BNS Application
Example 1: Terrorist Attack on Public Places
- Case: A person plants a bomb in a shopping mall, causing mass destruction.
- Offense: This is a terrorist act under Section 113(1).
- Punishment: Minimum 5 years to life imprisonment + fine.
Example 2: Terrorist Act Leading to Death
- Case: A militant group detonates a bomb at a government building, leading to multiple deaths.
- Offense: Section 113(2) applies.
- Punishment: Death penalty or life imprisonment + fine.
Example 3: Terrorist Financing and Recruitment
- Case: A businessman provides funds to a banned terrorist organization and recruits new members.
- Offense: Falls under Section 113(3)(b) (funding & recruiting for terrorism).
- Punishment: 5 years to life imprisonment + fine.
Example 4: Harboring a Terrorist
- Case: A person shelters a wanted terrorist and helps him escape law enforcement.
- Offense: Section 113(4) applies.
- Punishment: Up to life imprisonment + fine (except for a spouse).
Example 5: Possessing Terrorist Funds
- Case: An individual is caught with black money linked to terrorist groups.
- Offense: Section 113(5) applies.
- Punishment: Up to life imprisonment + fine.
Common Questions & Answers on Section 113 BNS
Q1: What types of acts qualify as terrorism under BNS 113?
A terrorist act includes bombings, mass shootings, hijackings, bio-terrorism, cyber-terrorism, and funding terrorist groups.
Q2: Can a person be punished for only supporting terrorism without direct involvement?
Yes, abetting, funding, training, recruiting, or inciting terrorist activities is punishable under Section 113(3) with 5 years to life imprisonment.
Q3: Is harboring a terrorist a punishable offense?
Yes, knowingly sheltering a terrorist is punishable under Section 113(4) with up to life imprisonment. However, spouses are exempt from punishment under this clause.
Q4: Can someone unknowingly possessing terrorist-linked funds be punished?
If a person unknowingly possesses such funds, they may not be guilty. But if they were aware or intentionally concealed the funds, they face up to life imprisonment under Section 113(5).
Q5: Can a local police station directly register a case under Section 113?
No. A case under Section 113 BNS requires approval from a Superintendent of Police (SP) or higher authority before registration.
Conclusion
Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023, plays a crucial role in counter-terrorism laws by enforcing strict punishments for individuals or groups engaging in terrorism. It ensures national security by criminalizing not just terrorist acts but also funding, training, recruitment, and harboring terrorists.
With provisions allowing life imprisonment or the death penalty, this law acts as a deterrent to terrorism-related activities in India.
For more legal insights, visit ApniLaw for expert explanations on Indian laws. 🚀
