BNS Section 113: Terrorist Act
Section 113 of the Bharatiya Nyaya Sanhita, 2023 defines and punishes terrorist acts. It covers acts intended, or likely, to threaten the unity, integrity, sovereignty, security or economic security of India, as well as acts intended or likely to strike terror in people in India or in a foreign country, when carried out through the means and circumstances specified in the section.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 113 came into force on July 1, 2024.
Text and scope of Section 113(1) BNS
113. Terrorist act.
(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.
The official BNS text can be verified through India Code - Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNS commencement notification.
Definitions under Section 113
Public functionary
For Section 113(1), public functionary means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary.
Counterfeit Indian currency
Counterfeit Indian currency means counterfeit currency declared, after examination by an authorised or notified forensic authority, to imitate or compromise the key security features of Indian currency.
Punishment under Section 113 BNS
| Section 113(2)(a) | If the terrorist act results in death: death or imprisonment for life, and fine. |
|---|---|
| Section 113(2)(b) | In any other case: imprisonment for not less than five years, which may extend to life, and fine. |
| Section 113(3) | Conspiring, attempting, advocating, abetting, advising, inciting, directly or knowingly facilitating, or doing a preparatory act: imprisonment for not less than five years, which may extend to life, and fine. |
| Section 113(4) | Organising training camps or recruiting persons for commission of a terrorist act: imprisonment for not less than five years, which may extend to life, and fine. |
| Section 113(5) | Membership of an organisation involved in terrorist act: imprisonment which may extend to life, and fine. |
| Section 113(6) | Voluntarily harbouring or concealing, or attempting to harbour or conceal, a person knowing that the person committed a terrorist act: imprisonment for not less than three years, which may extend to life, and fine. The subsection does not apply where the harbouring or concealment is by the spouse of the offender. |
| Section 113(7) | Knowingly possessing property derived or obtained from, or acquired through, a terrorist act: imprisonment which may extend to life, and fine. |
Full remaining statutory provisions
(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.
BNS Section 113 and the Unlawful Activities (Prevention) Act, 1967
Section 113 contains a specific Explanation declaring that an officer not below the rank of Superintendent of Police shall decide whether to register the case under Section 113 BNS or under the Unlawful Activities (Prevention) Act, 1967.
The current text of the Unlawful Activities (Prevention) Act, 1967 can be accessed through India Code.
Is Section 113 BNS bailable?
| Cognizable | Yes. The Section 113 offences listed in the BNSS First Schedule are cognizable. |
|---|---|
| Bailable | No. They are non-bailable. |
| Triable by | Court of Session. |
The procedural classification is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text can be accessed through India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 111, Section 112 and Section 113 BNS
Section 111 BNS deals with organised crime, while Section 112 BNS deals with petty organised crime. Section 113 separately creates and defines terrorist-act offences and includes a specific statutory mechanism concerning registration under Section 113 or the UAPA.
Frequently asked questions
What is a terrorist act under Section 113 BNS?
It is an act falling within the means and circumstances specified in Section 113(1), done 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 people in India or a foreign country.
What is the punishment if a terrorist act causes death?
Section 113(2)(a) provides death or imprisonment for life, together with fine.
Who decides whether a case should be registered under Section 113 BNS or UAPA?
The statutory Explanation states that an officer not below the rank of Superintendent of Police shall decide whether to register the case under Section 113 or under the Unlawful Activities (Prevention) Act, 1967.
Is Section 113 BNS non-bailable?
Yes. The Section 113 offences listed in the BNSS First Schedule are cognizable, non-bailable and triable by the Court of Session.
This page is intended as a general legal reference. Application of Section 113 depends on the alleged conduct, statutory ingredients, evidence, applicable procedural law, the registration decision contemplated by the section and binding judicial decisions.