BNS 113 — Terrorist act.

Bharatiya Nyaya Sanhita, 2023

Statutory text

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.
Of hurt
  Hurt.

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