Section 113 (BNS) – Meaning and Punishment of Terrorist Act
Terrorism is an act that gravely impacts national security, social order, and the harmony of the nation. It means the unlawful usage or threat of violence on the grounds of the political and ideological nature to frighten the government and communities, so that they give in to the pressures imposed.
In order to prevent and control this, various enactments have been legislated over time, with the Bharatiya Nyaya Sanhita [BNS], 2023, providing detailed sections for dealing with terrorist acts. Let us look at what a ‘terrorist act’ is as defined under Section 113.
Meaning and Scope of Section 113 BNS
Section 113 of the Bharatiya Nyaya Sanhita, 2023, defines a terrorist act as under:
“113. Whoever does any act with the intent to threaten the unity, integrity, sovereignty, security of India or the economic security of India or with the intent to strike terror in the people or any section of people in India or in any foreign country.”
This definition covers any activity, not just violent acts, which may cause fear, disrupt the system, or compromise national security. The Bharatiya Nyaya Sanhita, 2023, broadens the scope of terrorist acts beyond just violence, which is beneficial as it allows law enforcement to act against not only those directly committing acts of violence but also those orchestrating and promoting terrorism.
Essential Ingredients of a Terrorist Act
Under Section 113 of the BNS, there are several key elements that, if fulfilled with an intent to threaten the security or create terror, will deem the act to be that of terrorism. These elements are crucial to establish.
The key ingredients include:
- Threat to National Security: The act must pose a threat, or be likely to threaten, the unity, integrity, sovereignty, and/or the economic security of India.
- Intent to Create Terror: The act must be performed with the intention to generate fear among the general public or a part of the society, in India or internationally.
- Use of Dangerous Means: It must involve the use or threatened use of weapons such as bombs, explosives, firearms, hazardous chemical or biological substances which cause death or serious bodily harm to a person.
- Damage to Property and Services: The act may also involve causing damage to public or private property or disrupting essential services like transportation, communication, and public utility systems.
- Attack on Critical Infrastructure: It could involve attacking or destroying crucial national infrastructure that significantly affects national security and economic stability.
- Coercion of Government: The acts must be intended to intimidate or compel any government, both Indian and foreign, through threats or acts of violence, or through the abduction or killing of persons.
- International Relevance: Certain acts falling under the definition may be related to the international anti-terror obligations agreed upon by India under the Unlawful Activities (Prevention) Act, 1967, and its rules.
Explanation of Important Terms
- Terrorist: Whoever is involved in committing, attempts to commit, participates, facilitates, incites, organizes, or conspires to commit an act of terrorism as defined under section 113, shall be called a “terrorist”. It also includes an individual in possession of weapons or explosives which can be used in terrorist acts.
- Terrorist Organization: It refers to any group that organises, plans or commits any act of terrorism, or in any way advocates or incites to commit an act of terrorism. An organization designated as a terrorist organisation under any scheduled act or that has similar operations, shall be considered a terrorist organisation.
- Proceeds of terrorism: Funds, assets, and other property obtained or derived, directly or indirectly, from any act of terrorism as defined under this Act or other relevant anti-terrorism laws are referred to as the proceeds of terrorism.
Intent Requirement under Section 113 BNS
A critical aspect under Section 113 is the presence of the specific intent. An act, even if violent and dangerous, may not be considered a terrorist act unless it is done with the clear intent to:
- Threaten the security of the nation, or
- Intimidate or cause fear to the public.
Without this specific intent, such acts might be prosecuted under other general penal sections of the BNS.
Impact of Terrorism on Society
Terrorism leaves behind a trail of destruction and fear that can linger for years. The major impacts on society include:
- Psychological Trauma: Spreading widespread fear, anxiety, and insecurity among citizens.
- Undermining Trust: Eroding public trust in institutions, government, and fellow citizens.
- Social Disruption: Creating divisions, prejudice, and unrest within communities.
- Economic Loss: Causing significant damage to infrastructure, tourism, trade, and investments.
- Loss of Life and Property: Involving death, injury, and destruction on a massive scale.
Punishments under Section 113 BNS
The Bharatiya Nyaya Sanhita prescribes severe punishments for terrorist acts:
- Fatal Terrorist Acts: Anyone found guilty of committing an act that causes death shall be punished with death, or rigorous imprisonment for life without parole, and shall also be liable to a fine not less than rupees ten lakh.
- Non-Fatal Terrorist Acts: Whoever commits a terrorist act which is not a fatal act, shall be punished with rigorous imprisonment for a term which may extend to life but not less than five years, and shall also be liable to fine not less than rupees five lakh.
- Conspiracy and Organization: An individual convicted for organising or being a party to a terrorist conspiracy will face punishments equivalent to those convicted of direct commission of such acts.
Notable Terrorist Incidents in India
India has sadly been a victim of many major terrorist attacks over the years, each of which underscored the need for strong anti-terrorism laws:
- 2008 Mumbai Attacks
- 2019 Pulwama Attack
- 2016 Uri Attack
- 2001 Indian Parliament Attack
- 2006 Mumbai Train Bombings
- 2008 Jaipur Serial Blasts
- 2010 German Bakery Bombing
- 2025 Pahalgam Attack
