UAPA Sections 15 and 16: Meaning of Terrorist Act and Punishment

Sections 15 and 16 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) define a terrorist act and prescribe its punishment. The definition covers acts threatening India's sovereignty or security, acts intended to strike terror, specified violent and destructive conduct, threats to economic security, and certain treaty-based offences.

Section 15 Terrorist Act

(1) Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security , economic security, or sovereignty of India or with 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 substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (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 injuries 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

(iiia) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material; or

(iv) 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 threatens 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; or

Such conduct constitutes 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) "high quality 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 as specified in the Third Schedule.

(2) The terrorist act includes an act which constitutes an offence within the scope of, and as defined in any of the treaties specified in the Second Schedule.

Section 16 Punishment for terrorist act.

(1) Whoever commits a terrorist act shall,-

(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;

(b) in any other case, be 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. -----------

Explanation and practical application

What qualifies as a terrorist act under Section 15?

The introductory requirement concerns an act intended or likely to threaten India's unity, integrity, security, economic security or sovereignty, or intended or likely to strike terror among people in India or abroad. The section then identifies conduct involving hazardous substances, violence, damage to property or essential services, high-quality counterfeit Indian currency, attacks on public functionaries, and hostage-taking or coercive detention. Section 15(2) also incorporates offences defined in treaties specified in the Second Schedule.

Meaning of key statutory terms

Economic security: Protection of India's economic stability is expressly included in Section 15(1). Public functionary: The explanation covers constitutional authorities and functionaries notified by the Central Government in the Official Gazette. High-quality counterfeit Indian currency: Currency identified by an authorised or notified forensic authority as imitating or compromising key security features specified in the Third Schedule.

What punishment does Section 16 prescribe?

• If the terrorist act results in death: Death penalty or imprisonment for life, and a fine.
• In any other case: Imprisonment for not less than five years, which may extend to imprisonment for life, and a fine.

Relationship with Bharatiya Nyaya Sanhita, 2023

Section 113 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024, separately addresses terrorist acts. Its explanation provides 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 UAPA. The UAPA continues to operate as a special statute; the applicable charge, investigation and trial provisions depend on the facts and governing law.

Relevant linked UAPA provisions

Other important provisions include Sections 17, 18, 18A and 18B on funding, conspiracy, camps and recruitment; Sections 43A to 43F on investigation, procedural safeguards and evidentiary rules; and Section 45 concerning cognizance of offences.

Official legislation and references

• India Code - Unlawful Activities (Prevention) Act, 1967
• Official UAPA consolidated text (PDF)
• Ministry of Home Affairs - Counter-Terrorism Division, Acts and Rules
• Ministry of Home Affairs - New Criminal Laws

Legal information updated: 6 October 2026. For any particular case, check the current statute, notifications, and binding judicial decisions.