Section 113 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Terrorist act

  1. (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.