Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines and penalizes acts of terrorism in India, encompassing a wide range of activities intended to threaten the nation's unity, integrity, sovereignty, security, or economic stability.
📜 Text of Section 113
Section 113: Terrorist Act(
Definition of a Terrorist Act:
An act committed with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or to strike terror in the people or any section of the people in India or in any foreign country.
Punishment for Committing a Terrorist Act:
If the act results in death: Punishable with death or imprisonment for life, and shall also be liable to fine.
In any other case: Punishable 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.(devgan.in)
Punishment for Conspiracy, Attempt, Abetment, or Facilitation:
Whoever conspires, attempts to commit, 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 Organizing or Recruiting for Terrorist Activities:
Whoever organizes or causes to be organized any camp for imparting training in terrorist acts, or recruits or causes to be recruited any person 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 Membership in a Terrorist Organization:
Any person who is a member of an organization which is involved in terrorist acts shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
Punishment for Harboring or Concealing a Terrorist:
Whoever voluntarily harbors or conceals, or attempts to harbor 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.
Punishment for Possessing Property Derived from Terrorism:
Whoever knowingly possesses any property derived or obtained from the 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.
🔍 Key Aspects of Section 113
Expanded Definition: The section broadens the scope of what constitutes a terrorist act, including threats to economic security and the use of various means such as explosives, firearms, or chemicals to cause harm or disruption.
Comprehensive Coverage: It addresses not only the commission of terrorist acts but also conspiracy, abetment, facilitation, recruitment, harboring, and possession of property derived from terrorism
Severe Penalties: The section prescribes stringent punishments, including life imprisonment and fines, for those involved in terrorist activities.
Overlap with UAPA: There is an overlap between the provisions of Section 113 and the Unlawful Activities (Prevention) Act (UAPA), 1967. An officer not below the rank of Superintendent of Police is authorized to decide whether to register a case under the BNS or the UAPA
⚖️ Comparison with UAPA
| Offence under BNS (Section 113) | Corresponding Offence under UAPA (1967) |
|---|---|
| Conspiracy or facilitation of terrorist act | Section 18 |
| Membership in terrorist organization | Section 20 |
| Harboring a terrorist | Section 19 |
| Possession of property derived from terrorism | Section 21 |
Both the BNS and UAPA aim to combat terrorism but may differ in procedural aspects and the authorities involved in case registration and prosecution .
🛡️ Purpose and Implications
Section 113 seeks to strengthen India's legal framework against terrorism by providing comprehensive definitions and severe penalties for various acts related to terrorism. It aims to deter individuals and organizations from engaging in or supporting terrorist activities and ensures accountability at multiple levels, from direct involvement to facilitation and support.
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