“Law Master’s Publication”
‘Terrorism’
Prof. Santosh D. Bhosale
206
(..21..)
Terrorism
[Chapter VI Ss. 113]
QUESTION BANK
1.
1.
Write detailed notes on terrorism as mentioned under BNS, 2023.
SHORT NOTES
Terrorism
SYNOPSIS
I. Introduction
II. Definition of a "Terrorist Act" (S. 113)
1. The Requisite Intent (Mens Rea)
2. The Prohibited Act (Actus Reus)
III. Punishment for Committing a Terrorist Act
1. Where the Act Results in Death
2. In Any Other Case
IV. Other Related Offences and Punishments
1. Conspiracy, Attempt, Abetment, and Advocacy
2. Organising Terrorist Camps and Training
3. Membership of a Terrorist Organisation-
4. Harbouring a Terrorist-
5. Possesses any Property derived from Terrorism-
V. Conclusion
I. Introduction-
The Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code,
1860, codifies and consolidates the laws relating to criminal offences in India. For the first
time, the primary penal code of the country includes a specific and detailed definition of
"terrorism" and its related offences. Previously, this was primarily dealt with under special
legislation like the Unlawful Activities (Prevention) Act, 1967 (UAPA). S. 113 of the BNS
now comprehensively defines a "terrorist act" and prescribes stringent punishments, aiming
to create a robust legal framework to combat threats against the nation's sovereignty and
integrity.
II. Definition of a "Terrorist Act" (S. 113)-
S. 113(1) of the BNS defines a "terrorist act" based on two essential components:
the intent behind the act (mens rea) and the physical act itself (actus reus).
1. The Requisite Intent (Mens Rea)-
To qualify as a terrorist act, the action must be committed with the intent to:
“Law Master’s Publication”
a. Threaten or likely threaten the unity, integrity, sovereignty, security, or economic
security of India.
‘Terrorism’
Prof. Santosh D. Bhosale
207
b. Strike terror or likely strike terror in the people or any section of the people in India
or in any foreign country.
2. The Prohibited Act (Actus Reus)-
An act becomes a terrorist act when the above intent is coupled with any of the following
actions: By using bombs, dynamite, or other explosive, inflammable, or poisonous
substances, or firearms and other lethal weapons to cause or likely to cause:
i. Death or injuries to any person or persons.
ii. Loss of, or damage to, property.
iii. Destruction of property used for Government or public functions.
iv. Damage or destruction of an essential service or public facility.
v. Damage to the monetary stability of India by smuggling or circulating high-
quality counterfeit Indian paper currency, coin, or any other material.
III. Punishment for Committing a Terrorist Act-
S. 113 prescribes severe penalties for anyone who commits a terrorist act. The
punishment varies based on the consequences of the act.
1. Where the Act Results in Death-
If the terrorist act causes the death of any person, the offender shall be punished with
death or imprisonment for life, and shall also be liable to a fine. [S. 113(2 (a))]
2. In Any Other Case-
For any other terrorist act that does not result in death, the offender shall be punished
with imprisonment for a term not less than five years, which may extend to imprisonment
for life, and shall also be liable to a fine. [S. 113(2) (b)]
IV. Other Related Offences and Punishments-
The BNS casts a wide net, penalizing not just the commission of a terrorist act but
also activities that support or facilitate terrorism.
1. Conspiracy, Attempt, Abetment, and Advocacy-
Any person who conspires, attempts to commit, or advocates, abets, advises, or incites
the commission of a terrorist act shall be punished with imprisonment for a term of not less
than five years, extendable to life imprisonment, and a fine. [S. 113(3)]
2. Organising Terrorist Camps and Training-
Voluntarily participating in or organising terrorist camps or training is punishable with
imprisonment for a term of not less than five years, extendable to life imprisonment, and a
fine. [S. 113(4)]
3. Membership of a Terrorist Organisation-
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‘Terrorism’
Prof. Santosh D. Bhosale
208
Being a member of an organisation that is involved in a terrorist act is an offence
punishable with imprisonment for a term which may extend to life imprisonment, and a
fine. [S. 113(5)]
4. Harbouring a Terrorist-
Anyone who knowingly harbours or conceals a person they know to be a terrorist shall
be punished with imprisonment for a term of not less than three years, extendable to life
imprisonment, and a fine. [S. 113(6)]
5. Possesses any Property derived from Terrorism-
Whoever, knowingly possesses any property derived or obtained from commission of
any terrorist act or acquired through the commission of any terrorist act or acquired through
the commission of any terrorist act is punishable with imprisonment for a term which may
extend to life imprisonment, and a fine. [S. 113(7)]
The explanation declares 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.
V. Conclusion-
The inclusion of "Terrorism" under S. 113 of the BNS marks a significant shift in
India's criminal jurisprudence by incorporating anti-terror provisions directly into its
principal penal law. The definition is comprehensive, covering a wide range of acts,
intentions, and preparatory offences, from direct commission to funding and harbouring.
By prescribing stringent punishments, including the death penalty, the BNS aims to provide
a formidable legal deterrent against activities that threaten the fundamental stability,
security, and sovereignty of the nation.
References-
***
1. BNS 2023: TERRORIST ACT | Bharatiya Nyaya Sanhita | Landmark Case Laws
| Pranjal Singh https://www.youtube.com/watch?v=ym2UPqFV6Lc
2. Bharatiya Nyaya Sanhita: Decolonizing Criminal Law or Colonial
Continuities?Published
online
by
Cambridge
University
Press
3. LEGISLATIVE LANDSCAPE Shruti Jane Eusebius, Research Fellow, NJA
4.
Perspective
:
INDIA'S
EFFORTS
TO
COUNTER
TERROR